The URL can be used to link to this page

Home My WebLink AboutT. Public Hearings BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Julv 21, 2010 Division: Growth Management Bulk Item: Yes No X- Department: Planning & Environmental Resources Staff Contact Person: Christine Hurlev. AICP. Director of Growth Management AGENDA ITEM WORDING: Approval of a resolution to transmit to the Florida Department of Community Affairs an amendment to Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the moratorium of new transient residential units until December 31, 2011. ITEM BACKGROUND: The current Comprehensive Plan includes a transient use moratorium that is set to expire July 31,2010. This is a request to extend the transient use moratorium to December 31, 2011. The Planning Commission held a public hearing in Marathon on May 26,2010 and based on the facts presented at the meeting, the Planning Commission recommended approval of the proposed amendment to Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan to the Board of County Commissioners. PREVIOUS RELEVANT COMMISSION ACTION: On June 29,2010, the Board of County Commissioners continued the public hearing for this item to July 21,2010 at 6 PM CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: N/ A BUDGETED: Yes No N/A COST TO COUNTY: N/ A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year APPROVED BY: County Attorney _ OMB / Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 MONROE COUNTY, FLORIDA 10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 11 RESOLUTION NO, - 2009 12 13 A RESOLUTION BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS TRANSMITTING TO THE 15 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN 16 ORDINANCE OF THE MONROE COUNTY BOARD OF 17 COUNTY COMMISSIONERS AMENDING POLICY 101.2,6 18 REGRDING THE MORATORIUM ON NEW TRANSIENT 19 UNITS, SUCH AS HOTEL OR MOTEL ROOMS, OR 20 CAMPGROUND, RECREATIONAL VEHICLE OR TRAVEL 21 TRAILER SPACES, 22 23 24 WHEREAS, the Monroe County Board of County Commissioners makes the 25 following Findings of Fact: 26 27 1. The Board of County Commissions previously adopted Ordinance No. 47-1999 on 28 November 10, 1999, Creating Sec. 9.5-120.5: New transient residential units, such as hotel or 29 motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be eligible 30 for residential ROGO allocations until January 1,2002. 31 32 2. The Board of County Commissions previously adopted Ordinance No. 001-2002, to 33 extend the moratorium on new transient units from January 1, 2002 to December 31, 34 2006. 35 36 3. The Board of County Commissions previously adopted Ordinance No. 001-2007, to 37 extend the moratorium on new transient units from January 1, 2006 to December 31, 38 2008. 39 40 4. According to the Monroe County Tourist Development Council, the need for 41 additional transient units occurs when the average annual occupancy rate exceeds 42 90%. 43 44 5. Any strategy to permit new transient units must address the impacts of transient units 45 on hurricane evacuation and workforce/employee housing through the adopted Permit 46 Allocation System. 47 i~~,"I.~:~:,'.;jr ~~."';;;~;~'~' i. . ..' ?~.. . .J~ ~ Ai ~"'~. ...-. Page 1 00 1 6. The Planning Commission, at a regularly scheduled public hearing on 2 recommended that the moratorium be continued until the average occupancy rate 3 exceeds 90%, as evidenced by the Tourist Development Council annual trend report 4 of Monroe County occupancy rates. 5 6 7 NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY 8 BOARD OF COUNTY COMMISSIONERS, THAT: 9 10 Section 1. Policy 101.2.6 shall be amended as follows: 11 12 Monroe County shall prohibit new transient residential units including hotel or motel 13 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer 14 until Jlli.y 31, 2010 December 31. 2011. 15 16 Section 2, If any section, subsection, sentence, clause, item, change, or 17 provision of this ordinance is held invalid, the remainder of this ordinance shall not be 18 affected by such validity. 19 20 Section 3, All ordinances or parts of ordinances In conflict with this 21 ordinance are hereby repealed to the extent of said conflict. 22 23 Section 4, This ordinance shall be transmitted by the Planning Department to 24 the Department of Community Affairs to determine the consistency of this ordinance 25 with the Florida Statutes. 26 27 Section 5. This ordinance shall be filed in the Office of the Secretary of State 28 of Florida, but shall not become effective until a notice is issued by the Department of 29 Community Affairs or Administrative Commission approving the ordinance. 30 31 32 33 REMAINDER OF PAGE LEFT INTENTIONAL Y BLANK 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 20f3 1 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 3 County, Florida, at a special meeting held on the 21 st day of July, A.D., 2010. 4 5 Mayor Sylvia Murphy 6 Mayor Pro Tern Kim Wigington 7 Commissioner Heather Carruthers 8 Commissioner Mario Di Gennaro 9 Commissioner George Neugent 10 11 BOARD OF COUNTY COMMISSIONERS OF 12 MONROE COUNTY, FLORIDA 13 14 BY 15 16 17 18 (SEAL) 19 20 ATTEST: DANNY L. KOLHAGE, CLERK 21 22 23 24 DEPUTY CLERK 25 26 27 28 29 Mayor Sylvia Murphy MONROE COUNTY ATTORNEY ..."" "'-..J APP~ FORM. ~~ .~~_.6.1 Dale: - - J Page 3 of3 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional andfair To: Monroe County Board of County Commissioners Thru: Christine Hurley, AICP, Growth Management Director From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager Date: June 23, 2010 RE: Extension of Moratorium for Transient Residential Units Meeting Date: July 21,2010 1 I, BACKGROUND 2 3 Policy 101.2.6 of the Monroe County Comprehensive Plan currently states: 4 5 Monroe County shall prohibit new transient residential units 6 including hotel or motel rooms, campground spaces, or spaces for 7 parking a recreational vehicle or travel trailer until July 31, 2010. 8 9 For purposes of this staff report, hotel or motel rooms, campground spaces, and 10 spaces for parking a recreational vehicle or travel trailer will be referred to as 11 Transient Residential Units (TRUs). 12 13 The Board of County Commissioners (BOCC) at a public hearing on October 22, 14 2009, adopted Ordinance No. 035-2009, which amended Policy 101.2.6 of the 15 Monroe County 2010 Comprehensive Plan to extend the existing transient unit 16 moratorium until July 31, 2010. 17 18 Occupancy data provided by the Tourist Development Council indicates that 19 there is not an urgent need to expand the available amount of transient units in 20 Monroe County. Staff therefore recommends that Policy 101.2.6 be amended to 21 continue the transient unit moratorium until December 31. 2011. This will allow 22 staff to conduct a study of transient unit needs and trends as part of the 23 Comprehensive Plan Update process. 24 25 26 W:\Planning\Working Folders\Harvey-Mitch\Transient Uses\BOCC 6-29-10\Transient Moritorium GOP Staff Report.doc Page 1 of6 1 2 3 The proposed amendment to the Monroe County 2010 Comprehensive Plan is as 4 follows: 5 6 Policy 101,2,6: 7 8 Monroe County shall prohibit new transient residential units including hotel or 9 motel rooms, campground spaces, or spaces for parking a recreational vehicle or 10 travel trailer until July 31, 2010 December 31. 2011. 11 12 13 II. PROCESS 14 15 Amendments to the Goals, Objectives, and Policies of the Comprehensive Plan 16 may be proposed by the Board of County Commissioners (BOCC), the Planning 17 Commission or the Director of Planning. The Director of Planning shall review 18 and process amendments and pass them on to the Development Review 19 Committee and the Planning Commission for recommendation and final approval 20 by the BOCC. 21 22 The Planning Commission and the BaCC shall each hold at least one public 23 hearing on a proposed amendment. The Planning Commission shall review the 24 amendment, the reports and recommendations of the Department of Planning & 25 Environmental Resources and the Development Review Committee, and the 26 testimony given at the public hearing, and shall submit its recommendations and 27 findings to the BOCC. The BOCC shall consider the staff report, 28 recommendation, and testimony given at the public hearings and may either deny 29 the application or adopt or not adopt a resolution transmitting the proposed 30 amendment to the DCA. Amendments are then reviewed by the Florida 31 Department of Community Affairs and returned to the County with objections, 32 rejections and comments to be considered prior to adoption of the ordinance. 33 Then, an adoption hearing is scheduled for the BOCC. 34 35 36 III, ISSUES 37 38 The development of new TRUs will have an impact on a number of health, safety 39 and quality of life issues such as: hurricane evacuation, workforce/employee 40 housing, wastewater treatment (water quality), traffic volumes and increased 41 demand on the natural environment through increased use of the reefs, and the 42 waters off the Florida Keys. One of the main objectives of creating an ordinance 43 to promote redevelopment and/or permit new TRUs is to mitigate and if possible 44 eliminate the negative impacts of new TRUs. 45 46 W:\Planning\Working Folders\Harvey-Mitch\Transient Uses\BOCC 6-29-IO\Transient Moritorium GOP StaffReport.doc Page 2 of 6 1 2 3 Employee\Workforce Housing 4 5 The current cost of housing (for rent or sale) in the Florida Keys have led 6 hotels/motels and other service employers to hire workers who have to commute 7 anywhere from 1 to 3 hours from the mainland. With the creation of new TRUs, 8 this demand for more affordable employee\workforce housing will increase. 9 10 It should be the goal of any ordinance that allows new TRUs to also mitigate the 11 demand for affordable employee\workforce housing. This is to be accomplished 12 by requiring the redevelopment/development of new TRUs to provide 13 employee\workforce housing by providing residential units as part of their project 14 (on-site or off-site) or by payment into an affordable housing fund. All existing 15 inclusionary zoning requirements for affordable housing associated with transient 16 residential units will continue to apply and be enforced thorough the Monroe 17 County Code. 18 19 Wastewater Treatment 20 21 Monroe County is under a state mandate to have a central wastewater system. 22 The development of new TRUs should not be permitted unless the development 23 can meet the standards and requirement of the mandate. Therefore, new 24 development ofTRUs should be directed and only encouraged in those areas with 25 central wastewater systems or to areas that will have central wastewater systems 26 in operation when the TRU project is completed. 27 28 Traffic Volumes 29 30 The addition of new TRUs may result in the addition of new traffic impacts. 31 New TRU developments should be designed to minimize traffic impacts by 32 including onsite amenities that would limit the need to drive to restaurants, retail 33 stores, or other attractions. Furthermore, new TRU developments should be 34 encouraged to locate adjacent to existing amenities such as restaurants, or retail 35 stores. 36 37 Another strategy would be to encourage visitors to use other modes of 38 transportation such as walking, bicycling, or bus service. New TRUs are 39 encouraged to include bicycle and pedestrian facilities that provide a connection 40 to surrounding amenities, provide bus service for guests, or provide transit 41 amenities such as bus shelters. 42 43 44 45 46 W:\Planning\Working Folders\Harvey-Mitch\Transient Uses\BOCC 6-29-10\Transient Moritorium GOP StaffReport.doc Page 3 of 6 1 Existing Transient Uses 2 3 The Monroe County Tourist Development Council (TDC) gets their lodging 4 counts from the Florida Department of Business & Professional Regulation 5 license database. According to the TDC, in 2009 there were 11,358 actively 6 licensed hotels, motels, B&Bs and condo hotels. In addition there were 1,913 7 vacation rentals, resulting in a total of 13,271 transient rental units. In addition, 8 there are about 2,700 Camppground/RV park units for a grand total of just under 9 16,000 transient accommodations in Monroe County. 10 11 Hotel Occupancy Rates 12 13 Occupancy rates are a travel industry standard for assessing the ability of 14 available beds to meet existing and anticipated demands. The Monroe County 15 Tourist Development Council (TDC) maintains a database for occupancy rates 16 which is prepared by Smith Travel Research. Between 1999 and 2009, the 17 average annual county-wide occupancy rate for Monroe County has varied from 18 66.4% (2001) to 72.2% (2003) (See attached). This does not indicate a pressing 19 need for new transient units. 20 21 Monroe County has contracted with the firm Keith & Schnars to prepare an 22 update of the Monroe County Comprehensive Plan and Evaluation and Appraisal 23 Report (EAR). As part of this process, Keith & Schnars will be preparing an 24 economic base analysis, with updated economic and population projections, 25 that will more precisely determine the need for expanding Monroe County's 26 tourist based economy, This update will serve as the data and analysis to 27 justify any lifting of the transient use moratorium that could result in the 28 creation of a transient unit pool as part of the County's annual ROGO 29 allocation, 30 31 Hurricane Evacuation 32 33 Policy 216.1.8 of the Monroe County 2010 Comprehensive Plan states: 34 35 Approximately 48 hours in advance of tropical storm winds, a 36 mandatory evacuation of non-residents, visitors, recreational 37 vehicles (RV's), travel trailers, live-aboards (transient and non- 38 transient) and military personnel from the Keys shall be initiated 39 40 The occupants of TRUs would therefore evacuate far ahead of the permanent 41 resident population, who require evacuation 24 hours prior to landfall of a major 42 hurricane. 43 44 IV, Consistency with the Principles for Guiding Development in the Florida 45 Keys Area of Critical State Concern pursuant to F,S, Chapter 380,0552(7), 46 F or the purposes of reviewing consistency of the adopted plan or any 47 amendments to that plan with the principles for guiding development and any W:\Planning\Working Folders\Harvey-Mitch\Transient Uses\BOCC 6-29-1O\Transient Moritorium GOP StaffReport.doc Page 4 of 6 1 amendments to the principles, the principles shall be construed as a whole and no 2 specific provision shall be construed or applied in isolation from the other 3 provIsIOns. 4 5 (a) To strengthen local government capabilities for managing land use 6 and development so that local government is able to achieve these 7 objectives without the continuation of the area of critical state concern 8 designation. 9 (b) To protect shoreline and marine resources, including mangroves, 10 coral reef formations, seagrass beds, wetlands, fish and wildlife, and 11 their habitat. 12 (c) To protect upland resources, tropical biological communities, 13 freshwater wetlands, native tropical vegetation (for example, 14 hardwood hammocks and pinelands), dune ridges and beaches, 15 wildlife, and their habitat. 16 (d) To ensure the maximum well-being of the Florida Keys and its 17 citizens through sound economic development. 18 (e) To limit the adverse impacts of development on the quality of 19 water throughout the Florida Keys. 20 (t) To enhance natural scenic resources, promote the aesthetic benefits 21 of the natural environment, and ensure that development is compatible 22 with the unique historic character of the Florida Keys. 23 (g) To protect the historical heritage of the Florida Keys. 24 (h) To protect the value, efficiency, cost-effectiveness, and amortized 25 life of existing and proposed major public investments, including: 26 1. The Florida Keys Aqueduct and water supply facilities; 27 2. Sewage collection and disposal facilities; 28 3. Solid waste collection and disposal facilities; 29 4. Key West Naval Air Station and other military facilities; 30 5. Transportation facilities; 31 6. Federal parks, wildlife refuges, and marine sanctuaries; 32 7. State parks, recreation facilities, aquatic preserves, and other 33 publicly owned properties; 34 8. City electric service and the Florida Keys Electric Co-op; and 35 9. Other utilities, as appropriate. 36 (i) To limit the adverse impacts of public investments on the 37 environmental resources of the Florida Keys. 38 G) To make available adequate affordable housing for all sectors of the 39 population of the Florida Keys. 40 (k) To provide adequate alternatives for the protection of public safety 41 and welfare in the event of a natural or manmade disaster and for a 42 post disaster reconstruction plan. W:\Planning\Working Folders\Harvey-Mitch\Transient Uses\BOCC 6-29-10\Transient Moritorium GOP StaffReport.doc Page 5 of6 1 (1) To protect the public health, safety, and welfare of the citizens of 2 the Florida Keys and maintain the Florida Keys as a unique Florida 3 resource. 4 Staff finds the proposed amendment consistent with the Principles for Guiding 5 Development as a whole and is not inconsistent with anyone principle. 6 7 V, Staff Recommendation: 8 9 Staff recommends approval. 10 11 VI. Exhibits 12 13 A. Count of Lodging Units 14 B. Hotel Occupancy Report 15 W:\Planning\Working Folders\Harvey-Mitch\Transient Uses\BOCC 6-29-10\Transient Moritorium GOP StaffReport.doc Page 6 of 6 Count of Lodging Units Chart #1 St t D t b f T d'f I L d . &V f R t I ae aa aseo ra Ilona o Igmg aca Ion en as Sub total by Rank Code Modifier Code Modifier code Total HOTL - Hotel 2619 MOTL - Motel 5079 BNB - Bed and Breakfast 414 CNDO - Resort Condominium by Type CLCT - Collective 875 GRP - Group 1,503 SNGL - Single 454 CNDO Total - Resort Condomium Total 2,832 DWEL - Resort DwellinQ by Type CLCT - Collective 1,035 GRP - Group 152 SNGL - Single 272 DWEL Total- Resort Dwelling Total 1,459 T APT - Transient Aoarment 690 TRMH - Transient Roomina House 178 Grand Total 13271 Note: Only properties with current, active license are included. Chart #2 Seperating State Count of Traditional Lodging from Vacation Rental! Traditional Lodging Rank Code Modifier Code Total HOTL - Hotel 2,619 MOTL - Motel 5,079 BNB - Bed and Breakfast 414 CNDO - Resort Condominium CLCT - Collective 875 CNDO - Resort Condominium GRP - Group 1,503 T APT - Transient Aparment 690 TRMH - Transient Rooming House 178 Total Traditional Lodging 11,358 I I I .~ E o () CIl .- Q) ..l<:, ..... ro :2:i ro, "'0 'i:: 0; u: .... It) 0:: Cl '" ~ <Il '" c <Il -.. ~ ~ t1 I .. ~ I It) ;= 0 .. ,..: I ~ ~ .. '" ,.. ao ~ ~ ~ .... .. _w "l .... - 0 ~ ~~ w .. ~:l! ~ ::l ~ r::.. ,.. Li E-Li ii ii B]! ~ it Li ii ii ii g ~.9i.g e ~ i ~ e;.g.c.9i ~~ c.g~ (U !2."fiu"€ ~ c.m~.g ~ g ~~:! m=~~~.~ s 16 eu:~~~m~.g~O~~~ C? Q) 0 LL E .- a.. E <<l ...J S E>- -a.g.Q(j) '!"""t:: g S ~ '= .~ LL d, ::E & ~ ~ :fiu: ~ tIl::; :5: ~ >- <) c eo a. :::> <) <) o ~ eo :::> c eo ..., 0 ci I " r 0 f .... 10 C": 0 ;::!: r:! ci N 00 0 :g ....: 10 ~ .... Cl 10 0 - ~ l"'i C'! - ci ~ 10 LO .... .... N Cl cci LO ....: ""10 "" "" N "" Cl ~ 0 ci "" ...JtIl...J...J...Jeo(iiGl...J...J...J...J...J u.. ii)U-u.. u.. <) .::: =c u.. u..u.. u.. u.. cY ai~ ui~ ai 1ij r:iJo~ ai ai ~~~ ~ ~l:()-2 :rg~~~ 41';:: tIl~~ Iij..c eo-;l eo eo C Qj "'Co.3L.L1 Q)"5a..I..."t::I~"O ~ii:i= eo 1:: CO 0 eo$O,.!...><:::> CO cb5.fEU)"2~ E<)eo I c:- -CO'" cocu...J cu ... >. CO"C 0_ ._"""")t:: '0 :::> eo Q..;::ii:U) ~ 0 en 00 _0 cb u. ~ a rni:i:: C- eo 41 ~ E U) ~ > eo I- o o N .. o ao W ~ MN ....0 <011) v.... <">11) co.... _Ui ccicci ~N C"icci ~~ -iN ~.....: 11)<0 <011) VV II) v vv 11)11) 0 0 <"> v<O ON 11)"" 11)<"> v.... ~<O ..; Nai C"icci aicci to"": aiN MO ><0 11)<0 "'v Mv "'v Mv <011) 0 Z .... vII) v.... M.... 1'1.... vCl> MCI> C"i cci..; ~; ~~ :g~ Ncci m; 0<0 v<O M<"> CD Cl 00 o o N ~ .. o ..,. W o ~ .. o o .;; o ao .. "/!. rf."ifl. #,';1. tfl.f1. tfl.'if. ?fl.;I- #.t/. II) oco ........ 0> ~ 0'" <0<,,> ....0 cr-: r-:cci "<i""': N"; rtiui :B~ MO ",II) "'II) <011) <Ov II) v ....11) -.. "#.tfl. ';1.rf!. 'i/.tfl. t1.?f. cI."#. r/.tfl.'#. v.... 1'11'1 Nv 0<0 11)<0 <Ovo :; occi -icci N<O ;g aio u)m~ -.. <0'" CD <0 11)<0 v<O 11)....11) t/.;fl. -#.rf!. ;1.* 'j!.?f. "J!.';/. il"/!-il v'" ....0 1'1'" II)~ II) v ....O~ g ~~ NcO ';j~ cOM ccicci oui.,; CD'" <">11) <">v II) <0 v '" ~M ....M Cl>vll) vN <0'" 1'1<0 0"; N..n .-;-i..; ;;;i ~~ ....,:,..: Ig II) v II) v vv<"> vv CIl <'! ....<"> '" 00 vO <Ov v~.... uUi "':C'i r-: ,..:~ N"": cciN '-;00 "'CD '" II) v vII) <">v v<OlI) 0 011) "'''' M~ 11)0<"> ~ ~ ~ II) ~~ lSg cciai ri""':M ....:..; Lrim > vM v"'v vv <0"" 0 Z II) ~.... 1'1 ~v voo ~co co<"> r-: ccir-: 0 r-:-i ""':""':ari N"': Nr-: 0<0 v<O <0 vM """'v MV <0"" CD Cl o It) .. o ..,. .. o N .. .;, G) o o N o ci N ~s:P)C\lu)f"'-.C'\Im..--o"itU)P)C\lo) o~~~r!~~~~~~~~~~ N o ci ...J U. C o OJ ...J 0:: U. eo ~ ~ ...J I~ ~ ~ ...J ~ C LL -J .cOlC I LL=> 9 - u. ~i5Q)-5 . III C f;l~.c- ~fijOSl...J-5.a ~ t!CDSl...Jtf~~IIlu..Sli=!"l!! ~~(ijU._<IlOE~lIlcba)CfiI '" c:f 0 I/) 0.. en (ij,! <Il E ~ .s III 0 .!. """ \!! <Il 1Il 0..'''' c .8:::> <Il 0 ....J U) E S:I~ "'C "C _ IIIIIIi; 0 "0 fit 1:: tJ <Il <Il EO:: 'is ~ 1:: I~ - '0:: l!! ~~:il(5~~u:~~~~~c?J >- u C lG C. ::s u u o 00 o o N co ~N <0 co 011) II) co <0'" Cl>CO o&l'i "":C'\i :;;~ g~ N"; "":ri ajaj OCD <0 ..... CD II) 11)11) <0'" 2 ,s 0 ~ co MO MCO co.... 00 II) co vO ~ui ON tOr' """:p; N"; ON ccia:i z<O <0.... <011) II) II) <011) 11)11) <011) :J ,s 0 ~ <0 ~v co.... Ma> 11)<"> 0<0 <0'" u . cri""': ..;cci ON ~~ m""': :;;:8 "II) 0<0 II) .... <011) "'II) vII) :J ,s 0 ~ ~ N~ 0>1'1 1'11'1 11)1'1 vv co ~ Co . ;i~ ~~ ~';j r-:o NC"i N"; "M tIl<O 11)11) "'II) ....11) 2 ,s 0 ~ '" "'co v'" vII) coo VV "'.... oN .-;-i ......:~ ....:r-: cciai """:N .:~ 0<0 11)<0 <011) "'v II) v 11)11) :J ,s 0 ~ 0 vO .... M 1'11'1 COv v.... ON > . Man 0'-; or-: <occi 0""': .:~ oM Z<O "'<0 <011) "'v II) v 11)11) :J ,s 0 ~ u "l; CON ........ 0>.... co ~ "'''' MCD ,,<,,> N"; ON cOm <oa:i COO 0(") 0<0 "'<0 <011) vv II) v vII) ....11) :J ,s 0 ~ G) o o N ~O('l)C\lu)f"'-.C'\Im"""O~<O('I)Ncn o!;:~~r!ui:ii~~~~~~~~ N >- u C lG C. ::s u u o Q) - lG C o - ... lG Q) >- ...J U. C o 1ii ...J 0:: ~ ~ ~ ~ ...J 5 ~~ ...J~ C LL. ....J .eQ>e I LL- .9 ai'...Ju. ~i5Q)-5 ~ c (iju..c- ~fijuSl...J-5.a ~ t!ai~...Jtf.c~IIlU.Sli=~l!! ~=(ijU._fijoE~lIlcbQ)CfiI '" ~ :f cil~en 0.. en (ij ~ <Il E ~ .s 55l..!.-g ~<Il~::Ea.8"'~~ ~ E _ E ,- :!i! Ul ''''" .- III t: 0 co w ~ 0 Q) 1::1;> - ~ i.; ~~:il(5~~u:~~~~~c?J <OV <001 01'" 01 CO COCO It) <0 01 CO 01 CO OI~ ....<0 ....0 vOl "'01 -<N aiN "':cO coco ..00 New; ..oN o~ CO"" 0101 ....01 N~ coco ~~ Z ~ ~ ~ ~ ~... ~ ... ~ ...~ ...~ ...lIt ...~ lI)<OO o It) ....<0 ~OI '" ~ ~~ '" 1'11'1 "'~ ~"': ~co 1'1"" o<<i N"': "':N ~o m~ C\iai eri"': QI~ co <0 0101 vN ........ 010 Cl~ ~ ~ ~ ~ ~ ~ ~ ... ~ ...~ ~ ... ...~ ...~ ...~ 00 o o N .... "'<0 ~~ <0 co ~N <0<0 "'01 .... <001 1'1"" 01 ~ ....<0 "'''' 5~ r...:tt'i gjg """:U'i r-..:<"'i 0:> cO aicO co ~ ~ co 01 ~ coco ""01 ...., ~ ~ ~ ~... ~... ~... ~... ... ... ~... lit It) 010 01<0 oco ~$ g~ ~It) 0 vCO ....CO NO 00 -ai ..0 cO N"': iii"': "':ai cOai Mu) ::JCO co~ COCO ~CO 010 OCO "'01 ...., ~ ~ ~ ~ ~ ~... ~... ....... ....... ~~ ~... lit It) 0 J::g: :8~ "'a I::;~ :g<oOI ~<O COO ""It) g cOai OCO :;gi ..;< o ~ NcOlIi ..oN cOlli aio "':0 <<i"': QlCO ....0 ....co coco coO> ....co "'co en ~ ~ ~... ~... ~... ~... ~... ~... ~ 0 C1.i:i <0'" <0<0 ON C1.i~ Nit) 1'1 "'01 <0.... ....co "'CO ucO C\i""": ......:ar; OCO o iii cOai <<i..; 001 co~ 01 co COCO 00> co.... "'0> ~ ~ ...... ~... ~ ...~ ...~ ...~ ...~ .... "'''' "'0 ....It) <0'" ~.... """" 0 vN ~"" ON coO> 01.... 1'1 ~ > iii ..0"': mcO ..;< ~o co.... <001 Z ~ ~ ~ ~ ~... ~... ~ ...~ ...~ ...~ ...~ ........ 0>01 .... "'0> v.... ~It) "'.... 0 co'" <00 01 co <00 <ON ~ ~ ~~ MoO g:; COCO <<i< '" ~ ........ 0101 Cl~ ~ ~ ~ ~ ~ ... ~... .... ...~ ...~ ... ~...~ en o o N o ..... o N ~ "'co 1'1.... '" ....'" ........ ~.... ~ '" <O~ vN co NO ~N It)~ C ' ,..:,..: N llICO . <0 gi~ eri 0> . 'co ....,~ <0<0 ~:! ~'" ....co 0 ....~ <0 ~co ~;;;; ~ ~ ...~ ...~ ... ~... ~... ~ ...J LL. C 0 i;j ...J 0:: LL. rl ...J ...J g LL. LL. - 0 ~ C ...J ::J ~oo ...J LL. ...J .a QI c ' LL. - .9 a)...J LL. l!! '6 Q)n > c: III Q) 'iBLL. ~ !l c c..> 1lI ...J .c .= "0 1lI =:;~ 0 "0 . 1lI Q) .c LL. 1lI 1= ~ l!! ~ Q) Q) ...J 0.. c ::J E ~ QI cLQ)'9 ~5 'iB LL. <i5 1lI 00 ::J C ; 0 ~ 0.. al'iB j 1lI E~.l1! S 5l "0 1lI call. c ::J 1lI 51 'E c "0 1:1_ ~ 0 ~:gl!! t::'" 01 1lI E .~ 'c III t:: I'?: ~~ :ij 1:: {2 ~~ ~ 1lI Q) 0 ca 0 u::: Cl ~U:::en s:: o III '': ns Q. E o (J S Q) ~ .. ns :! ns -0 '': o u:: .s III It: ~ .; c GI Cl f! GI > <( 00 o o N u~ ""CO ....CO ~"" <0 It) co'" <0.... ....0 1'11'1 co ~ 01<0 ~.... <00 o . ~....: "':ai aiN <<io 1Iic:i cO"; CO 21'1 01<0 00 OI~ "''''' 001 011'1 ,s~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cl ~~ ...~ ...lIt ...~ ....... ...... ... ... >01 "'01 ""0 "'0 "'co NO ~~ 0.... "''''' "'''' '" ~ "'1'1 <ON ZcO <<iai cOeri cO""": NcC ";0 ~....: 21'1 01 It) 00 01 ~ "'''' 001 011'1 ,s~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cl ~~ ...~ ....... ...~ ... ... ...~ ... ~ 0<0 ...."" "'01 ....1'1 <0.... ~o coO> ".... ""~ co ~ ....<0 NO COlt) <0"" Cl . MO ..0"': COO N"': ~a) <<io It) 21'1 01<0 00 OI~ "'''' OCO 011'1 =~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cl ~~ ...~ ...~ ...~ ... ~... ~ ...~ 0..... ""~ co.... o It) 01 It) ....'" ""'" ,,~ ~o ~O> ~ 01 <0 CO ....1'1 ~.... en . cON ~....: cON "':ai cOr....: "":f\i 2~ CO"" 010 010 "'1'1 01 co .... ~ =~ ~ ~ ~ ~ ~ ~ ~ Cl ~~ ... ~ ...~ ...~ ... ... ...~ ...~ _0 00> "'01 "'It) ;;o:g 01.... 0.... 00> 01.... ""CO ",It) "'''' "'<0 o ' ~;i """:cw; ......:,...: cOeri "':N .:~ 2~ <0 It) "''''' "''''' ",It) = Cl ~~ ...~ ...~ ...~ ... ~ ....... ....... >"" ON NO v<O ",It) ~lI) "'~ o~ 010> "'''' NCO ~CO "'0 1'1<0 Z - <<ieri Me) ";0 "':< ~N "'co Cl ' .."rei No) "":0 r-..:C"i Iliad ""=0) 2~ CO"" 0101 010 1'11'1 01 co ....0 =~ ~ ,... ~ ~ ~ ~ Cl ~~ ...~ ....... ...~ ...~ ... ... ...~ en o o N o~ "'co 1'1.... "'.... "'.... ....~ ...."" <O~ ""1'1 co~ o It) Nit) <0'" I-co -<0 gi~ ..... r...:ai M~ oON >1'1 <0<0 COo :!~ co.... ~~ ....~ ~; ;; ~... ~~ ...~ ...~ ...~ ...J LL. C 0 i;j ...J 0:: LL. rl ...J ...J Ig LL. LL. ii! 0 Ji c: ...J '9 LL. ::> C ...J 0 ...J .a QI .c LL. ~ C a)...J LL. l!! '6 Q) 0 III 'iBLL. ~ !l c c..> "'...J ~ ~ ~ 1lI ~LL. 0 "E a) '" Q) .c =:; 1lI I~ l!! J! ...Jll. c ::J E ~ Q) cL Q)OO -85 ,!!! LL._ 1lI 0 00 ::> c ~ ~i 0.. en 'iB1j 1lI E ~s S 5l 1lI '" ~~ c ::J -l!l 51 E "0 "0 0 .8 t::'" 01 '" E .~ 'c lilt:: '?: a; 'C l!! ~~ :i 1:: '" 0 ~~ 1lI .Q III 01- u::: u::: Cl ~ LL.en J!l '" 0:: .?;o 'OJ C GO Cl f! GO > <( !l 1lI C .9 ~ 1lI GO > TREND REPORT SMITH TRAVEL RESEARCH MONROE COUNTY 3/10/2010 OCCUPANCY RATE 2001 2002 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January 67.0% 61.6% 67.7% 75.5% 75.8% 68.5% 74.6% 73.7% 68.5% 68.2% -0.4% February 81.4% 82.0% 85.1% 90.8% 87.6% 74.0% 79.5% 81.5% 82.0% March 82.5% 85.2% 89.2% 89.7% 90.8% 82.1% 81.6% 83.0% 81.7% April 76.3% 73.8% 80.4% 85.1% 82.6% 80.7% 79.7% 78.9% 81.0% May 70.4% 67.9% 75.1% 75.0% 76.2% 77.3% 71.4% 74.4% 74.3% June 73.4% 68.8% 72.7% 76.4% 78.2% 76.7% 71.6% 71.4% 73.9% July 77.8% 74.9% 82.1% 84.6% 76.7% 74.9% 73.0% 75.6% 79.4% August 68.7% 69.3% 74.1% 62.6% 62.7% 51.4% 64.7% 61.9% 68.0% September 42.5% 44.9% 46.7% 35.0% 44.5% 43.5% 48.9% 35.7% 47.1% October 51.8% 56.8% 65.5% 62.5% 42.0% 52.8% 55.2% 54.8% 60.1% November 52.7% 66.6% 71.3% 67.4% 63.9% 64.0% 64.4% 63.1% 65.1% December 54.2% 61.2% 62.8% 59.0% 62.7% 59.0% 58.8% 59.3% 62.8% Total 66.4% 68.0% 72.2% 71.2% 70.0% 66.5% 68.1% 67.5% 70.3% 68.2% -0.4% AVERAGE DAILY RATE 2001 2002 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January $158.11 $147.00 $147.20 $152.58 $160.75 $180.19 $200.74 $207.73 $184.41 $188.67 2.3% February $178.69 $167.30 $169.00 $181.41 $199.36 $216.23 $243.89 $238.36 $194.76 March $188.61 $179.34 $180.09 $190.59 $220.00 $229.02 $258.13 $259.40 $201.54 April $163.02 $151.42 $158.72 $172.78 $174.33 $207.00 $227.63 $205.24 $189.64 May $135.56 $131.93 $133.29 $141.92 $154.99 $166.53 $190.78 $189.17 $164.06 June $121.28 $118.07 $117.04 $130.11 $143.74 $152.76 $175.03 $168.34 $149.83 July $123.78 $118.72 $124.33 $137.01 $148.82 $159.01 $176.05 $170.72 $153.01 August $118.49 $112.55 $120.82 $122.46 $131.30 $144.26 $160.85 $160.70 $141.46 September $109.22 $103.80 $106.01 $117.74 $132.03 $148.43 $153.19 $140.36 $134.09 October $122.75 $120.78 $127.63 $140.76 $121.50 $163.50 $167.56 $164.36 $154.52 November $117.18 $118.73 $121.95 $138.62 $148.04 $169.17 $172.71 $165.80 $160.24 December $143.81 $148.37 $157.81 $168.89 $183.57 $203.39 $211.35 $198.54 $196.15 Total $142.08 $137.02 $141.61 $153.89 $164.24 $180.48 $195.18 $194.68 $171.51 $188.67 2.3% RevPAR2 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January $99.68 $115.20 $121.07 $123.38 $149.74 $153.11 $126.36 $128.69 1.8% February $143.90 $164.68 $173.92 $160.06 $193.83 $194.24 $159.67 March $160.55 $170.89 $198.30 $187.92 $210.67 $215.20 $164.63 April $127.69 $147.09 $140.13 $166.97 $181.44 $161.90 $153.67 May $101.28 $106.44 $116.16 $128.65 $136.23 $140.67 $121.97 June $87.79 $99.37 $109.39 $117.10 $125.36 $120.23 $110.69 July $120.13 $115.90 $110.95 $119.13 $128.44 $129.03 $121.50 August $89.48 $76.66 $81.69 $74.16 $104.09 $99.40 $96.13 September $50.85 $41.25 $58.84 $64.62 $74.85 $50.12 $63.20 October $83.94 $88.04 $47.66 $86.34 $92.51 $90.09 $92.81 November $88.80 $93.46 $94.48 $108.29 $111.16 $104.65 $104.37 December $91.71 $99.56 $113.94 $120.09 $124.38 $117.68 $123.28 Total $103.00 $109.61 $113.82 $120.00 $132.90 $131.59 $120.49 $128.69 1.8% "'Prior to 2003. Smith Travel Research Monroe County Monthly reports did not include RevPAR 'Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. SOURCE: Smith Travel Research Copyright 2009 Courtesy of Monroe County Tourist Development Council The information contained in this report is based upon independent surveys and research from sources considered reliable but no representation is made as to .ts completeness or accuracy. This industry standard and is intended solely for the internal purposes of your company and should not be published in any manner unless authorized by Smith Travel Research. TREND REPORT SMITH TRAVEL RESEARCH KEY WEST 3/10/2010 OCCUPANCY RATE 2001 2002 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January 75.7% 70.3% 76.3% 84.0% 83.0% 76.7% 81.6% 80.8% 76.1% 78.4% 3.0% February 86.0% 90.3% 89.4% 94.8% 93.1% 80.5% 87.1% 87.0% 88.5% March 87.5% 90.5% 90.0% 92.9% 95.5% 86.3% 84.6% 89.0% 88.6% April 82.6% 82.7% 84.8% 92.6% 89.9% 85.6% 84.9% 86.8% 87.1% May 78.9% 76.2% 80.8% 83.0% 83.1% 84.3% 78.5% 82.3% 82.3% June 76.7% 73.4% 77.0% 83.3% 85.2% 81.3% 75.2% 75.7% 78.6% July 80.9% 78.4% 86.8% 90.6% 78.5% 81.2% 78.3% 80.6% 84.4% August 71.5% 73.0% 79.1% 66.1% 69.8% 58.3% 69.6% 66.4% 73.3% September 48.5% 52.5% 53.9% 39.6% 49.7% 51.0% 56.7% 39.9% 54.7% October 61.2% 64.2% 74.9% 70.8% 48.6% 61.9% 64.4% 63.9% 69.1% November 59.8% 75.1% 80.9% 79.3% 69.9% 71.2% 75.9% 72.7% 74.8% December 60.9% 68.3% 72.9% 70.1% 71.3% 67.0% 69.5% 68.8% 71.5% Total 72.1% 74.6% 78.8% 78.8% 76.2% 73.5% 75.5% 74.2% 77.2% 78.4% 3.0% AVERAGE DAILY RATE 2001 2002 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January $174.91 $158.25 $153.36 $162.89 $172.02 $188.95 $208.16 $217.36 $198.54 $198.77 0.1% February $195.76 $178.29 $179.07 $186.28 $204.13 $223.05 $253.00 $250.00 $209.24 March $203.87 $191.03 $188.84 $197.89 $219.88 $224.85 $260.70 $263.15 $210.49 April $169.23 $152.93 $158.95 $172.66 $175.76 $199.27 $221.42 $211.36 $197.61 May $140.67 $137.31 $138.51 $145.52 $157.80 $169.33 $192.52 $197.28 $173.61 June $123.16 $119.60 $117.77 $128.40 $143.85 $150.49 $173.72 $173.38 $154.02 July $125.15 $118.94 $121.38 $134.70 $144.64 $152.98 $170.21 $175.56 $156.54 August $121.29 $114.57 $120.16 $122.40 $130.47 $140.17 $158.42 $162.91 $146.51 September $116.11 $111.62 $114.48 $129.71 $135.10 $147.39 $163.52 $150.22 $144.51 October $137.21 $138.70 $144.32 $155.06 $124.39 $175.52 $181.01 $180.14 $172.97 November $124.27 $123.74 $126.13 $140.88 $147.20 $168.65 $176.46 $172.41 $170.80 December $150.00 $149.06 $156.03 $165.91 $177.82 $196.15 $216.07 $201.92 $202.31 Total $150.11 $144.09 $144.23 $156.39 $164.92 $180.31 $200.18 $201.44 $180.29 $198.77 0.1% RevPAR2 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January $116.99 $136.84 $142.39 $145.01 $169.84 $175.61 $151.03 $155.76 3.1% February $160.11 $176.67 $189.90 $179.56 $220.26 $217.42 $185.23 March $170.01 $183.80 $208.95 $194.01 $220.51 $234.21 $186.59 April $134.85 $159.83 $156.31 $170.64 $188.01 $183.45 $172.02 May $112.67 $120.72 $129.40 $142.77 $151.04 $162.29 $142.93 June $91.13 $106.95 $118.55 $122.29 $130.61 $131.20 $121.08 July $105.35 $121.99 $112.20 $124.24 $133.34 $141.56 $132.11 August $94.95 $80.87 $89.33 $81.67 $110.26 $108.18 $107.40 September $61.60 $51.35 $67.12 $75.21 $92.64 $59.94 $79.05 October $106.92 $109.79 $54.85 $108.60 $116.63 $115.17 $119.48 November $102.32 $111.75 $101.91 $120.01 $133.89 $125.43 $127.83 December $111.26 $116.23 $125.07 $131.51 $150.21 $138.98 $144.70 Total $113.92 $123.21 $124.86 $132.54 $150.64 $149.49 $139.11 $155.76 3.1% 1flriorto 2003 Smith Travel Research Monroe Cour.ty Monthly reports did not include RevPAR 'Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. SOURCE: Smith Travel Research Copyright 2009 Courtesy of Monroe County Tourist Development Council The ,nformation contained in this report is based upon independent surveys and research from sources considered reliable but no representation is made as to its completeness or accuracy. This industry standard and is intended solely for the intemal purposes of your company and should not be published in any manner unless authorized by Smtth Travel Research. TREND REPORT SMITH TRAVEL RESEARCH OCCUPANCY RATE 2008 2009 January 83.7% 79.8% February 92.3% 91.1% March 91.1% 91.1% April 87.3% 86.2% May 85.8% 83.4% June 76.8% 77.6% July 81.2% 83.2% August 67.8% 71.3% September 43.7% 52.1% October 67.6% 70.1% November 77.2% 75.4% December 70.2% 71.4% Total 77.0% 77.6% AVERAGE DAILY RATE 2008 2009 January $178.93 $167.77 February $209.53 $174.70 March $220.04 $176.36 April $185.40 $162.38 May $165.73 $145.79 June $141.46 $125.99 July $143.11 $130.22 August $136.07 $122.02 September $129.13 $126.92 October $155.87 $149.26 November $141.40 $146.04 December $165.95 $169.56 Total $167.61 $151.20 RevPAR 2008 2009 January $149.75 $133.85 February $193.44 $159.09 March $200.37 $160.69 April $161.79 $139.99 May $142.25 $121.60 June $108.68 $97.81 July $116.26 $108.30 August $92.23 $87.05 September $56.39 $66.16 October $105.37 $104.58 November $109.11 $110.05 December $116.50 $121.11 Total $129.04 $117.39 KEY WEST B&Bs, GUEST HOUSES AND INNS 3/10/2010 2010 % Chg 79.0% -1.0% 79.0% -1.0% 2010 % Chg $172.38 2.7% $172.38 2.7% 2010 % Chg $136.22 1.8% The Key West 8&8. Guest House and Inn trend report began July 2009 $136.22 1.8% 'Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. SOURCE: Smith Travel Research Copyright 2009 Courtesy of Monroe County Tourist Development Council The .nformation contained In thFs report is based upon .ndependent surveys and research from sources cons.dered reliable but no representation is made as to .ts completeness or accuracy Th.s industry standard and is intended solely for the internal purposes of your company and should not be published in any manner unless authorized by Smith Travel Research TREND REPORT SMITH TRAVEL RESEARCH MONROE COUNTY EXCLUDING KEY WEST 3/10/2010 OCCUPANCY RATE 2001 2002 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January 56.7% 51.0% 57.5% 65.2% 67.5% 59.9% 68.0% 66.3% 59.6% 56.3% -5.5% February 76.0% 72.2% 80.0% 85.9% 81.7% 67.5% 72.3% 75.5% 74.4% March 76.7% 79.0% 88.1% 85.8% 85.7% 77.6% 78.6% 76.4% 73.6% April 68.8% 63.4% 75.2% 76.2% 74.6% 75.5% 74.4% 70.2% 74.0% May 60.5% 58.2% 68.2% 65.6% 68.5% 70.0% 64.3% 65.8% 65.1% June 69.7% 63.6% 67.7% 68.2% 71.0% 71.9% 68.3% 66.7% 68.3% July 74.1% 70.9% 76.7% 77.4% 74.8% 68.6% 67.9% 70.0% 73.5% August 65.2% 65.0% 67.5% 58.4% 55.6% 44.5% 60.1% 56.8% 61.6% September 35.4% 36.0% 38.2% 29.6% 39.1% 35.5% 41.5% 31.0% 38.2% October 40.6% 48.0% 54.4% 52.6% 35.2% 44.1% 46.0% 44.7% 49.4% November 44.4% 56.5% 59.8% 53.4% 57.7% 57.1% 52.9% 52.4% 53.2% December 46.2% 52.8% 50.8% 46.9% 53.8% 51.6% 48.5% 48.6% 52.2% Total 59.4% 59.9% 64.3% 63.0% 63.6% 59.5% 61.9% 60.3% 61.9% 56.3% -5.5% AVERAGE DAILY RATE 2001 2002 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January $131.77 $128.21 $137.42 $136.43 $145.77 $168.63 $192.27 $195.38 $162.99 $172.24 5.7% February $156.01 $151.08 $155.56 $174.98 $193.48 $208.00 $233.46 $223.76 $174.78 March $168.17 $163.67 $169.41 $181.12 $220.13 $233.86 $255.32 $254.63 $189.03 April $154.26 $149.14 $158.42 $172.95 $172.45 $216.17 $234.81 $196.96 $178.79 May $127.72 $12~,.73 $125.90 $136.51 $151.24 $163.07 $188.62 $178.12 $150.04 June $118.84 $116.03 $116.06 $132.58 $143.61 $155.40 $176.40 $162.00 $144.14 July $122.00 $118.44 $128.28 $140.25 $153.26 $166.14 $182.42 $164.54 $148.23 August $114.81 $109.91 $119.15 $122.52 $132.36 $149.61 $163.52 $157.84 $134.37 September $98.07 $90.21 $91.76 $98.51 $128.07 $134.03 $139.77 $126.28 $116.43 October $96.97 $92.19 $100.31 $117.68 $117.40 $147.24 $148.82 $139.28 $124.02 November $105.96 $110.77 $115.22 $134.67 $149.08 $169.79 $167.36 $155.56 $141.97 December $133.87 $147.31 $160.85 $173.70 $191.44 $212.19 $204.80 $193.22 $185.75 Total $130.21 $126.30 $131.88 $150.50 $163.37 $180.70 $197.19 $185.46 $158.31 $172.24 5.7% RevPAR2 2003 2004 2005 2006 2007' 2008 2009 2010 %Chg January $78.99 $78.99 $97.89 $101.06 $130.65 $129.45 $97.09 $97.04 -0.1% February $124.51 $150.31 $156.50 $140.33 $168.72 $169.00 $130.04 March $149.24 $155.42 $186.61 $181.55 $200.70 $194.50 $139.17 April $119.14 $131.87 $122.44 $163.14 $174.77 $138.34 $132.38 May $87.79 $89.52 $101.91 $114.12 $121.21 $117.13 $97.67 June $83.83 $90.38 $100.09 $111.79 $120.40 $108.08 $98.44 July $98.33 $108.59 $109.69 $114.03 $123.80 $115.16 $109.00 August $83.03 $71.59 $73.92 $66.65 $98.26 $89.67 $82.81 September $38.19 $29.13 $50.42 $47.55 $57.94 $39.20 $44.46 October $56.89 $61.94 $40.24 $64.89 $68.49 $62.22 $61.29 November $73.15 $71.89 $86.94 $96.97 $88.54 $81 .48 $75.53 December $83.17 $81.54 $102.65 $109.39 $99.33 $93.97 $96.88 Total $91.26 $94.83 $102.39 $107.54 $121.98 $111.76 $98.02 $97.04 -0.1% :lprior to 2003, Smith Travel Research Monroe County Monthly reports did not mctude RevPAR 'Prior year performance numbers may be updated with current data due to new participants providing their historic informatIon and/or past participants providing updated prior year performance numbers. SOURCE: Smith Travel Research Copyright 2009 Courtesy of Monroe County Tourist Development Council The information contained in this repoils based upon independent surveys and research from sources considered reliable but no representation is made as to its completeness or accuracy. This in,justry standard and is intended solely for the Internal purposes of your company and should not be published in any manner unless authorized by Smith Travel Research. TREND REPORT SMITH TRAVEL RESEARCH Key Largo' 3/10/2010 OCCUPANCY RATE 2008 2009 2010 %Chg January 68.8% 64.0% 57.9% -9.5% February 73.7% 77.0% March 81.1% 75.7% April 76.0% 74.5% May 74.7% 71.6% June 72.8% 67.3% July 75.9% 73.3% August 61.3% 61.4% September 37.6% 42.4% October 51.5% 50.1% November 59.5% 54.4% December 51.3% 54.4% Total 65.2% 63.6% 57.9% -9.5% AVERAGE DAILY RATE 2008 2009 2010 %Chg January $181.46 $177.94 $171.17 -3.8% February $209.81 $174.58 March $227.75 $178.17 April $181.30 $169.21 May $191.04 $167.01 June $139.10 $127.49 July $141.20 $132.23 August $135.59 $119.32 September $117.56 $115.04 October $128.87 $124.09 November $156.84 $150.46 December $178.54 $174.00 Total $166.03 $149.91 $171.17 -3.8% RevPAR 2008 2009 2010 %Chg January $121.46 $104.48 $98.08 -6.1% February $167.76 $134.50 March $184.53 $134.94 April $137.73 $126.11 May $142.63 $119.65 June $101.27 $85.84 July $107.20 $96.96 August $83.11 $73.29 September $44.23 $48.78 October $66.40 $62.14 November $93.24 $81.82 December $91.67 $94.65 Total $108.29 $95.32 $98.08 -6.1% 'Key Largo Tract trend report began May 2008 'Prior year performance numbers may be updated with current data due to new participants provIding their historic information and/or past participants providing updated prior year performance numbers. SOURCE: Smith Travel Research Copyright 2009 Courtesy of Monroe County Tourist Development Council The information contaIned in this report is based upon independent surveys and research from sources considered reliable but no representation is made as to its completeness or accuracy. This industry standard and is intended solely for the internal purposes of your company and should not be published in any manner unless authorized by Smith Travel Research. TREND REPORT SMITH TRAVEL RESEARCH Marathon" 3/10/2010 OCCUPANCY RATE 2008 2009 2010 %Chg January 61.6% 52.7% 50.3% -4.6% February 68.9% 65.2% March 68.4% 67.9% April 61.7% 71.0% May 63.1% 63.4% June 55.8% 67.8% July 61.9% 65.7% August 49.5% 60.0% September 24.2% 32.6% October 34.8% 44.4% November 47.5% 50.3% December 45.7% 48.6% Total 54.4% 59.0% 50.3 -4.6% AVERAGE DAILY RATE 2008 2009 2010 %Chg January $203.73 $182.39 $186.74 2.4% February $219.71 $191.48 March $264.39 $214.97 April $216.39 $201.91 May $219.68 $188.87 June $174.31 $164.75 July $208.33 $185.55 August $174.51 $155.42 September $130.43 $120.51 October $140.50 $125.68 November $153.63 $143.16 December $220.16 $218.08 Total $201.69 $182.84 186.74 2.4% RevPAR 2008 2009 2010 %Chg January $125.50 $90.67 $93.97 3.6% February $151.30 $124.91 March $180.72 $145.93 April $133.52 $143.40 May $138.60 $119.68 June $97.30 $111 .65 July $128.92 $121.85 August $86.41 $93.20 September $31.52 $39.30 October $48.89 $55.80 November $72.95 $72.07 December $100.67 $105.90 Total $109.66 $107.80 93.97 3.6% 'Marathon Tract trend report began March 2009 'Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. SOURCE: Smith Travel Research Copyright 2009 Courtesy of Monroe County Tourist Development Council The information contained in this report's based upon independent surveys and research from sources considered reliable but no representation IS made as to ItS completeness or accuracy. This industry standard and is intended solely for the internal purposes of your company and should not be published in any manner unless authorized by Smrth Travel Research. '0 C ::J o () +-' c Q.)t EO a. a. 0(1) -0::: (I) >~ (1).(1) O~ +-' I .~ ..c ~(J ::J~ Oco ~CJ) >.(1) +-'0::: c_ ::J(I) o > ()co s... (I)~ O..c ~+-' c.- OE ~U) ~ o o N ~ <II :::J e <II -. b .<:: c o E Q) -= (; u. ~ E ~ ....0 GO'" g)O eN .2!~ U :::J ... e e '" ~-, GO Q. ~ ~ < Q. > GO ~ ~ ~ C < ~ u u o a:"! co ~ ii ~ of ..:' o aiN "'O>I'-N ~NofujN <, , Ill) ~i q 01 :<0 CD;~ 01 <0 ~;~ II) N '" o <'i 9 CI() <0 CO ~"'II) :2~~ ... ~... i 'Ol ~;~ ~;p ~ o~~ "":aicd I'- ~ 0 ... ~ ~ "'0l0> ~ N ll) ~ ~N:g~ g N I'-NOlN <O~"'O> cO ,...: ,...: ,...: coao~&t) 'C"""' N N ..... ~~~~ <o~<oco ~~~~ tDCO<OCO ~.:~ ~ ';!~ 'f &, '", ~iN I'-l'! 'flON II) N (') 0"'9 '<0 CD;~ ~qE3 I~ I , Ol 0<0 .....'cO ~<~ CO <0 CO "''''11) uj,...:..; CO '" 0 ... ~ ... o~~ ,...: ai cd ~~~ i=^ -~ cni ~ ~::; j'C"""' "''''0> N ll) ~ ~:g~ (') N ... I'- N Ol N Oi ~ V ('f') Q) ..... co ,...: ,...: ,...: :;a~~N~ ~r~ ~ :ri ~ ~: <0 U; <0 <0 o:~ <'! ~ ~ '0: CO CO <0 CO Nt ~2lE- II) I ~ rlc: g l!l. >.! a en Co 0 '0"1 Cl)i 9 c. ,"2 0 ::0, ~ ...J :J :!! W ai, -"cncncnCIJUJ >o>o>o>o~ ~ ~ ~ ~ ~ ~' ';: {ll {ll {ll ~ {ll o 'C 'C c: 'c .C< -.20000 LLu.U:::U:::U:::U::: <'i ('I') ,.... co! o lti"..--: c ~ ~'~i o <'i o N.~: <'i cd ";", '" ~ ;r; I :2 ~ ;1' ~ ~ " ,.... ,.... "'-j NI ~I .~l "":1 1'-1 <0, ~I Cl()i ",I ~i ,..-: . - -~ 00' g!1 I <0 I'- uj ll) ~o lOuj NO> ~ ... ~ ll) cO '" u; ;! u;~ I'- I'- cO '" 0011) '" 0> ,...: aO ll)1I) ~ N cd I'- "'0> "":c I'- I'- ~ cO I'- , CO ('I') 0; en ui m; I'- I'- I'-i <'i ("') ,...: cod c uj ~! c <011) ~9 o <'i ON' M'cD '" ~ ~ ll) II) (') 0011) ~~ ~ <0 I'- lo ll) ~ ~ 0 Ltild N 0> ~ ... ~ ll) cO Ol ~ .,.. I'- ~ d ~<o'1 :o~ ~I ~ ~ ~1 r;; ~ ~i N I'- I'- cO '" cd I'- , ('I') OJ co' ,...: c ai: I'- ,... ,... ~ cO I'- ~ ~ ~~ f'-.. ,.... .......: , eni .51 061 Gi Co i~~; 1= 1= 1=' ~I - I ~ ~~: l3 ...J ~ :3' ~i ~ ~ ~ l~! >- ~ s: S <Ii! CI) ~ ~ ~~! ~:lo::lo: :lo:!llJ :9 I'- lo ~ '1 r.~ ,...: :m ~ o ,...: Ol "0> l~ <0 ~ :~ 'N N I'- '<0 ai ll) '" cd ll) ~ ,9 :~ I~ uj , , Ol ,0 ,...: ,Ol ....... Q)i .,.. .,.. "":N ~ ~, ... ~ o ,...: Ol Ol (')' ll) ... ai ai, .,.. 0 ... ,~ 'Ol ,Ol N <0 ~ ~ ~ ~ i. ~ ... ~ N N I'- ~ '" N: ~ ('), <'i 8: ;: N~ <0 Ol ll) ll)0> N"": .,.. II) '" .0 ll) 00 "', <'i N' .,.. II) iCuai" ~,:i=i= CI) I ~ l ~.9~~ IV Ul en Ul' 't' ,.. >- >' ';;: ~ ~ ~: o <II '" <II' i! -g -g -g , ; ~ ~~; c.. ~ .... ~. Q.,!.!.~ ::>g.~~ ll) 0' ~ c?: ~ ;;;i' <0 <'i ~, ....... en; .,.. ~, ~ ~: ...' 0> ('), ll) ...' ai or ~ := ~ ~, : ~I '" N' ~ (') M cDl ~ ~1 ll) Ol- N"": ~ 11). 000> <'i N' .,.. 11)' ll) 0 ~ CW;I I' ~ ;d, <0, M ~: <r? 1'-: <'i U'). i <0' ~; ;.y; ;~ ..;' o ~ ooi :~I 0>1 i Ol N <'i <0 <0 N ai <0 ~ 0, ~, Ol: .c:;: ,<r? I .r:::. ~ M= 'll)' ~i CI() ~ ..; ,0 CI() o cO Ol Ol' N <'i <0' <0' C\li ai: <.0: o ..; <0 Ol ,...: ll) o C)I ... IV ...J :0.. CI) ~ '" '~i I ' ~, !N! :0' ::cil Oll , :t--! , Oll .M' , Ol' I '-m~ '" 'N CI() ~ ~ ,....; .0: 00' ~, - i 1'-' 'NI :ll)1 '",' ,c, ll). "', ~' :-.;,r1 fN: I I cO' :..;' I '0 N. cd. , m~ 'r--' 0>, : gL , ' ~ . ,! ~ ~! Ni CI()' ,~, :,..... :~i 1'-, N' ll) '" c ,ll)' c o .c .... IV ... IVI :!iE, u c: ::I o o c: .. e D- o Gi > .. c ,!l >- 0; ] aJ 'C jj ~ !! 'C c: III "E III 1! s '" ~ '" ::I " !: '" .c >- :>. u !!! ::I tl III ~ o '" '" .. c: " a; Q. e 8 !!l B '" III " " III E ,!!l c: o S c: 3l l!! 0. l!! o ~~ .0 III ~ ; ill..: ~Q) al ~ ;0>- ~~ 800 B~ ~al ~ g E;5 o ::I -= III 'H &~ ~ Q; 1! 2 '" III '" E ~~ ~ III ::I c: E~ ".c: 'C '" c:~ ".0 0.::1 " 0. ~1l Rg ::I" ,,:; .. 0 ",.c: III '" .0" '" c: ~ ~ ~~ ~ ~ 5: :s alg. 5:'0 S '" c: " o '" u 0 c: E!- o ::I i5~ E ~ ~~ ~~ ~ ::I o >- l;' c: ::I o o .. e c: o :E '0 ~ ! ::I o o o ~ .c: 01 ";: '" 0. o o .c: l! III .. '" " ..: Gi > ~ ;5 e Ul w o ..: ::0 o Ul 1 2 3 4 5 6 7 8 9 MONROE COUNTY, FLORIDA 10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 11 ORDINANCE NO, - 2010 12 13 14 AN ORDINANCE OF THE MONROE COUNTY BOARD OF 15 COUNTY COMMISSIONERS AMENDING POLICY 101.2,6 OF 16 THE MONROE COUNTY 2010 COMPREHENSIVE PLAN 17 REGARDING THE MORATORIUM FOR TRANSIENT UNITS; 18 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE 19 REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; 20 DIRECTING THE PLANNING DIRECTOR TO FORWARD A 21 COPY TO THE FLORIDA DEPARTMENT OF COMMUNITY 22 AFFAIRS; PROVIDING FOR FILING WITH THE SECRETARY 23 OF STATE; PROVIDING FOR THE INCORPORATION INTO 24 THE COMPREHENSIVE PLAN; PROVIDING FOR AN 25 EFFECTIVE DATE 26 27 28 29 WHEREAS, the Monroe County Board of County Commissioners makes the 30 following Findings of Fact: 31 32 1. The Board of County Commissioners previously adopted Ordinance No. 47-1999 on 33 November 10, 1999, creating Sec. 9.5-120.5 (138-23) of the Monroe County Code, 34 which stated: New transient residential units, such as hotel or motel rooms, or 35 campground, recreational vehicle or travel trailer spaces, shall not be eligible for 36 residential ROGO allocations until January 1, 2002. 37 38 2. The Board of County Commissioners adopted Ordinance No. 001-2002, to extend the 39 moratorium on new transient unit allocations from January 1, 2002 to December 31, 40 2006. 41 42 3. The Board of County Commissioners adopted Ordinance No. 001-2007, to extend the 43 moratorium on new transient unit allocations from January 1,2006 to December 31, 44 2008. 45 46 4. The Board of County Commissioners directed staff to address the need for a 47 moratorium and such regulation of transient Rate of Growth (ROGO) allocations. Page 1 00 1 2 3 4 5. Any strategy to permit new transient units must address the impacts of transient units 5 on hurricane evacuation and workforce/employee housing through the adopted Permit 6 Allocation System. 7 8 6. The Board of County Commissioners at a special public hearing on July 13, 2009, 9 voted to amend the Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan, 10 to extend the existing transient unit moratorium until July 31, 2009. 11 12 7. The Planning Commission, at a regularly scheduled public hearing on May 26, 2010, 13 recommended Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan be 14 amended to extend the existing transient unit moratorium until December 31,2011. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 18 19 Section 1, Policy 101.2.6 shall be amended as follows: 20 21 Monroe County shall prohibit new transient residential units including hotel or motel 22 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer 23 until Jaly 31, 2010 December 31. 2011. 24 25 Section 2, If any section, subsection, sentence, clause, item, change, or 26 provision of this ordinance is held invalid, the remainder of this ordinance shall not be 27 affected by such validity. 28 29 Section 3, All ordinances or parts of ordinances In conflict with this 30 ordinance are hereby repealed to the extent of said conflict. 31 32 Section 4, This ordinance shall be transmitted by the Planning Department to 33 the Department of Community Affairs to determine the consistency of this ordinance 34 with the Florida Statutes. 35 36 Section 5, This ordinance shall be filed in the Office of the Secretary of State 37 of Florida, but shall not become effective until a notice is issued by the Department of 38 Community Affairs or Administrative Commission approving the ordinance. 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 4 County, Florida, at a special meeting held on the day of A.D., 2010. 5 6 Mayor Sylvia Murphy 7 Mayor Pro Tern Kim Wigington 8 Commissioner Heather Carruthers 9 Commissioner Mario Di Gennaro 10 Commissioner George Neugent 11 12 BOARD OF COUNTY COMMISSIONERS OF 13 MONROE COUNTY, FLORIDA 14 15 BY 16 17 18 19 (SEAL) 20 21 ATTEST: DANNY L. KOLHAGE, CLERK 22 23 24 25 DEPUTY CLERK 26 27 28 29 30 Mayor George Neugent Page 3 00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21. 2010 Division: Growth Management Bulk Item: Yes No X- Department: Planning & Environmental Resources Staff Contact Person: Christine Hurley, AICP, Director of Growth Management AGENDA ITEM WORDING: Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for Wisteria Island. ITEM BACKGROUND: Wisteria Island is an undeveloped spoil island located approximately 500 feet north of Sunset Key in Key West harbor. FEB Corp. has submitted an application to amend the Monroe County Year 2010 Comprehensive Plan Future Land Use Map (FLUM) category from Undesignated to Mixed Use Commercial (MC). FEB Corp. has concurrently submitted an amendment to the Monroe County Year 2010 Comprehensive Plan, establishing a Sub Area Policy that limits the density and intensity of uses allowed by the proposed MC FLUM category within Wisteria Island. No upland development will occur until an offshore mooring field receives a Certificate of Completion. On June 23, 2010, the Planning Commission completed its Public Hearing and voted 3-2 to recommend approval of the Sub Area Policy, as recommended by staff, to the BOCC. PREVIOUS RELEVANT BOCC ACTION: On June 29,2010, the BOCC voted to continue the Public Hearing to Wednesday, July 21,2010,6 PM at the Harvey Government Center in Key West. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DOCUMENT A TION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised L'09 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional andfair To: Monroe County Board of County Commissioners From: Christine Hurley, Director of Growth Management Date: June 29, 2010 RE: Wisteria Island Sub Area Policy Summary Since the Planning Commission, two changes to the ordinance have been made: 1. Clarifying where transferred RaGa units may come from, to add letters of understanding and conditional use approvals applicable to a sender site. 2. Clarifying that no acquisition of mobile homes may be used for the transfer of market rate units to Wisteria Island. HISTORYIINTRODUCTION The applicant, FEB Corp., submitted an application to amend the Momoe County 2010 Comprehensive Plan Future Land Use Map (FLUM) category from undesignated to Mixed Use Commercial (MC). After several meetings with Momoe County staff, the Florida Department of Community Affairs (DCA), and the Florida Department of Environmental Protection (DEP) related to the proposed MC designation, the applicant submitted an amendment to the Momoe County 2010 Comprehensive Plan text, requiring a Sub Area Policy that limits the uses, density, and intensity typically allowed by the MC FLUM category for Wisteria Island. The proposed Sub Area Policy limits the uses on Wisteria Island to 35 market rate units, 5 employee housing units, and 35 transient units with no more than 85 bedrooms and 39,500 square feet of non-residential uses which include: a ships store, dingy dock, harbor master building, vessel pump out facility, water taxi dock, and associated infrastructure facilities that support the proposed public access mooring field. Development permitted by conditional use are described below. Staff did not support the outright MC designation, but saw potential benefits to recommending upland development, if the owner of the island was willing to develop and operate a mooring field adjacent to Wisteria Island. Therefore, the development of Wisteria Island is only permitted with the construction of a public offshore mooring field after the issuance of a certificate of completeness. Based on information provided by the applicant and DEP staff, this mooring field can only be developed as a result of a submerged land swap and land lease of additional submerged land with the State of Florida. I r _ ' I' } DENSITY The proposed Sub Area Policy requires all residential or transient units to be transferred from the Lower Keys Subarea using no RaGa allocations. In addition, a minimum of 40 upland Tier 1, II or IlIA acres are to be dedicated to Monroe County and placed into Conservation. This acreage is twice as much acreage as Wisteria Island; thereby ultimately requiring a 2: 1 ratio of allocated density plus a 1: 1 transfer of units to equal a 3: 1 unit mitigation. INFRASTRUCTURE Any infrastructure or services to be provided by entities other than Monroe County require approval of service provisions prior to Conditional Use Approvals. This involves City of Key West for sewer, solid waste, and parking, Florida Keys Aqueduct Authority for potable water, and Keys Energy Services for electricity. All expenses are to be paid by the developer. The following summarizes the proposed Sub Area Policy. 1. DEVELOPMENT PERMITTED AS OF RIGHT Mooring field related development: A public-access mooring field with the capacity to accommodate no fewer than 100 vessels shall be developed in adjacent waters following approval by the Board of Trustees of the Internal Improvement Trust Fund and all permitting by appropriate state and/or federal agencies. Only the associated mooring field related upland amenities/facilities will be allowed on Wisteria Island prior to the issuance of a certificate of completeness for the mooring field. This certificate of completeness for the mooring field must be obtained prior to permitting any other private upland development. Other mooring field upland amenities/facilities include: a. Fixed and mobile vessel pump-out services. Such services shall be provided to vessels using the public access mooring field; b. Docking facilities, to be approved by Planning Director, include: a water taxi dock, a service vessel dock, and a dinghy dock to accommodate a maximum of 100 dinghies and a maximum of 20 short term public slips for utilization of the mooring field and upland development with no dry storage (pending agency approval and permitting) and dockside utilities; c, Harbor master building; d, Ships/sundry store; e. Potable water, wastewater, solid waste, and fire prevention and suppression system necessary to service the uses permitted as of right, as well as those permitted by minor conditional use and major conditional use (see Section 2); f. Water taxi service to Wisteria. Water taxi shall be available to be used to transport fire suppression/emergency medical personnel and equipment to the island when requested. g. The public-access mooring field shall have the following requirements: lie,: . I j : '.' Page 2 i. Thirty percent (30%) of the mooring slips shall be reserved for workforce housing. The monthly fee for this 30% set aside of mooring slips for employee housing shall not exceed the monthly fees charged by the Key West Mooring Field. If workforce slips are not utilized, owner may lease to market rate users only on a monthly basis so that the spaces are continually available for the workforce if in demand; and ii. Provision for the recreational boating public by reserving 10 percent of the mooring balls to be set aside on a first come-first served basis for short term mooring; and iii. No restriction on minimum vessel size providing the opportunity for all sized vessels to enjoy the use of the mooring field; and iv. Prohibition of floating structures and storage of vessels; and v. Requirement that allliveaboard vessels have a functioning marine sanitation device and holding tank that meets current Florida Keys National Marine Sanctuary (FKNMS) federal requirements for the No Discharge Zone. 2, UPLAND DEVELOPMENT PERMITTED BY CONDITIONAL USE All development of the upland portion of Wisteria (other than the mooring field and amenities/ facilities listed above in Section 1) shall be subject to minor or major conditional use review and approval. Individual private uses shall be further limited to the following maximum densities, and intensities: a. Restaurant with accessory bar serving alcoholic beverages (< 10,000 sq. ft. permitted by Minor Conditional Use; > 10,000 sq. ft. permitted by Major Conditional Use) & Pool; b. Major Conditional Use: Single-family residential dwellings shall not exceed 35, with all required TDRs and TREs to be transferred to the site; and Affordable/employee residential dwellings shall not exceed 5 units; and c. Major Conditional Use: Transient residential units shall not exceed 35, with all required TREs to be transferred to the site, and the total number of bedrooms shall not exceed 85. 3. NONRESIDENTIAL FLOOR AREA Nonresidential floor area shall not exceed 39,500 sq. ft. (including facilities included in Sections 1 and 2 above); and i. Commercial recreational uses to serve as support and amenities for a public access mooring field in adjacent waters. 11. Accessory uses. !lagl' ] iii. All docking facilities, including a maximum of 35 private docks for the permanent housing units. 4, PUBLIC ACCESS Prior to the issuance of a certificate of occupancy for any non-mooring field related upland development including the restaurant/bar and any development in Section 2 above), a minimum 2 acre compact open recreation primarily green space for public access shall be reserved and developed with elevated public restroom facilities for daytime use. This set-aside of land shall be available for those persons utilizing the public moorings and for the general public. For the purpose of the open recreation space, public access means: general public is provided convenient access over and across privately owned property subject to such reasonable rules and regulations as the owner of the property may impose governing conduct, dress, noise, consumption of alcoholic beverages, daylight hours that the property shall be open, and pedestrian traffic. Open Space means land set aside in its natural state (although free of exotics), free of buildings (except the restrooms) with accessory structures related to pedestrian activity such as walkways, boardwalks, seating, and park like facilities, including educational kiosks and other features to highlight the history of the island and "The Wisteria" ship, from which the island derives its name. The developer may charge a reasonable fee for access to public recreational areas. Reasonable fee per person is defined as a fee equal to or less than the fees charged for entrance to Fort Zachary Taylor or any other publicly owned and operated public park within the City of Key West. The property owner may restrict or control access to private facilities that are customarily limited to guests or patrons of the transient units and to residential areas customarily reserved for residents. The Developer shall record in the Monroe County public land records a perpetual proprietary public access dedication easement to reserve this portion of the island for public access in perpetuity. During the Transmittal Public Hearing, the applicant may propose an alternate to this 2 acre open space dedication. OTHER REQUIREMENTS: 1. All invasive exotics must be removed in a phased plan. 2. Owner shall develop a hurricane preparedness plan for occupants and record restriction on land that evacuation shall be by private means. 3. Fire suppression shall include fire sprinklering and facilities on the island consistent with provisions made by Sunset Key with review and coordination with Key West Fire. 4. Wetland preservation shall occur for the 1.3 acre mangrove area and the additional 1.3 acre salt marsh area shall be mitigated consistent with State and Federal regulations. 5. No individual dock spaces are permitted; only 35 spaces in the dockage area. 6. All structures shall be constructed to meet 155 MPH wind loads. 7. No sand below mean high water line is permitted. 8. All infrastructure is to be constructed at owner's expense, whether provided by Key West or other entities or Monroe County. I' C : G ' I' - I P~lgC 4 9. Federal Harbor regulations shall be met and the charted depth of the harbor shall be maintained. 10. If the owner doesn't obtain permitting for 100% of the 100 mooring space, then the maximum private upland development shall be reduced proportionately (e.g.50 mooring balls (50%) = 50%ofupland development [18 market rate housing; 17 transient units; 3 employee housing; 20,000 square feet of non-residential uses]. OFFSHORE ISLANDS (OS) LAND USE DISTRICT (ZONING) The Craig Maps and Jouliani Maps had no OS Label for Wisteria Island. However, Section 101- 2(e) of the Land Development Code states: All keys or islands without a specific land use designation shall be zoned Offshore Island whether they are labeled as (OS) OFFSHORE ISLANDS, unlabled, not shown on these maps, or lie beyond the areas covered by these maps. This was a land development regulation given as a blanket zoning to this island. OFFSHORE ISLAND COMPREHENSIVE PLAN The Future Land Use Map (FLUM) does not include a designation of "offshore island" and there is not a general policy, as there is in the Land Development Code, recommending a blanket category for the FLUM. Wisteria Island does not specifically have the attributes of an offshore island as described in Objective 102.7 and therefore staff does not technically consider this island to be subject to several offshore island policies relative to discouraging private development or infrastructure expansion. ALTERNATE FLUM DESIGNATION The Department of Community Affairs and members of the public have raised the issue of whether a more appropriate Future Land Use Map designation of Residential Conservation (RC) or another designation is appropriate for Wisteria. However, staff has not analyzed an alternate designation as of this date. If the HaCC does not vote to transmit the MC and Sub Area Policy amendments, then staff recommends that the HaCC direct staff to move expeditiously to process a County initiated FLUM amendment so the owner can be provided a FLUM designation. I' C . _ . I : I -' - PLlgc 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO, -2010 A RESOLUTION TRANSMITTING AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY F.E.B. CORP. TO CREATE GOAL 107, OBJECTIVE 107,1 AND POLICY 107,1.1 OF THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO ESTABLISH A SUB AREA POLICY FOR PROPERTY DESCRIBED AS WISTERIA ISLAND & ADJACENT BAY BOTTOM, HAVING REAL ESTATE NUMBER 00123950-000000. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan, creating Goal 107, Objective 107.1 and Policy 107.1.1 that establishes a Sub Area Policy associated with a proposed the Future Land Use Map designation of Mixed Use Commercial (MC) for Wisteria Island; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested Sub Area Policy amendment and Future Land Use Map designation change; NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance creating Goal 107, Objective 107.1, and Policy 107.1.1. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment of the second (20d) set of comprehensive plan amendments for 2010 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statues. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Section 3: The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of Rule 9J-5-11.006, Florida Administrative Code. Section 4: The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 21 st day of July, A.D., 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner Mario Di Gennaro COminissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY 23 24 25 26 (SEAL) 27 28 ATTEST: DANNY L. KOLHAGE, CLERK 29 30 31 32 DEPUTY CLERK 33 34 35 36 Mayor Sylvia Murphy 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO, -2010 AN ORDINANCE BY THE MONROE C6~TY BOARD OF COUNTY COMMISSIONERS CREATING GOAL 107, OBJECTIVE 107,1 AND POLICY 107,1.1 OF THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO ESTABLISH A SpB AREA POLICY FOR PROPE~TY DESCRIBED' AS WISTERIA ISLAND & ADJACENT BAY BOTTOM;' HAVING REAL ESTATE NUMBER 00123950-000000; PROVIDING FOR SEVERABILIl'Y 'AND REPEAL OF INCONSISTENT PROVISIONS;. PROVIDING FOR THE TRANSMITTAL TO THE :SECRETARY OF ST A TE AND THE DEP ARTM:ENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE, .' , ( WHEREAS, FEB Corp. has submitted an application to amend the Monroe County 2010 Comprehensive Plan to create a Sub Area Policy that limits the density and intensity of uses within the proposed Mixed Use Commercial (MC) Future Land Use Map category for Wisteria Island; and WHEREAS, the Monroe County Planning Commission held a public workshop on May 26, 2010 in Marathon, Florida; and a Public hearing on June 9, 2010 in Marathon, Florida; which hearing was continued to June 10, 2010 in Key West, Florida; which hearing was then continued to June 23, 2010 in Marathon, Florida; at which time the Planning Commission recommended approval to the Monroe County Board of County Commissioners to transmit the proposed amendment to the Florida Department of Community Affairs; and WHEREAS, the Monroe County Board of County Commissioners (BOCC) held a public hearing on June 29, 2010 in Marathon, Florida, which hearing Was continued to July 21, 2010, and voted to transmit the proposed amendment to the Florida Department of Community Affairs; and 1 1 WHEREAS, the BOCC makes the following findings of fact and conclusions of 2 law: 3 4 1. The existing unincorporated area to be amended presently contains approximately 5 22 acres of undeveloped upland offshore spoil area known as Wisteria Island, 6 which is located within Key West Harbor, approximately 500 feet northeast of 7 Sunset Key. 8 9 2. The affected property presently has no adopted Future Land Use Map (FLUM) 10 category. 11 12 3. The proposed Mixed Use - Commercial (MC) FLUM category will allow 1-6 13 units or 5-15 rooms per acre (Allocated Density), 6-18 or 10-25 rooms per 14 buildable acre (Maximum Net Density), and a Maximum Intensity of 0.10-0040 15 (Floor Area Ratio). 16 17 4. The Proposed Mixed Use - Commercial; (MC) FLUM category is subject to a 18 proposed Sub Area Policy that restricts development on Wisteria Island to 35 19 market rate units, 35 transient units (85 rooms maximum), 39,500 square feet of 20 non-residential use, with a 100:!: slip mooring field. 21 22 5. All required facilities and services necessary to accommodate the impacts of 23 development within the affected property must be available prior to the issuance 24 of a building permit or certificate of occupancy. 25 26 6. The proposed amendment will not affect the existing or future land use character 27 of Monroe County. 28 29 7. The proposed amendment IS internally consistent with the Monroe County 30 Comprehensive Plan. 31 32 8. The proposed amendment is consistent with the Principles for Guiding 33 Development in the Florida Keys Area of Critical State Concern. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF 36 MONROE COUNTY, FLORIDA: 37 38 Section 1. The Monroe County Year 2010 Comprehensive Plan, is amended to create 39 Goal 107, Objective 107.1, and Policy 107.1.1 that establishes a Sub Area Policy for the 40 property described as Wisteria Island & adjacent bay bottom, having Real Estate Number 41 00123950-000000. 42 43 Section 2, The Monroe County 2010 Comprehensive Plan is to be amended as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 GOAL 107 Monroe County shall regulate land use and development activities of scarified and filled portions of parcels, spoil islands which have not been documented as an established bird rookery, or land containing a minority of environmentally sensitive areas, by the enactment of area-specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. OBJECTIVE 107,1: SUB-AREA POLICIES, Monroe County shall regulate Land Use and development activities while coordinating with the other Elements of the Comprehensive Plan through Future Land Use Element Sub-Area Policies Applicable to Specific Geographic Areas These sub-area policies identify parcels of land that require narrowly-tailored regulation in order to limit maximum development potential to a specified. -area or extent less than the maximum density and intensity allowed by the geogr~phic area?:~ adopted future land use category. The development parameters established for each sub~a,ea shall be based on: (1) an inventory of existing uses and faciliti~s establ;i~hed on the par6~k'and!or (2) data and analysis supporting the specific sub-area limitations, provided growth management techniques are employed'so servkes including but not limited to: potable water, wastewater,,'-~ransportation facifit~~s, parks and recreation, life- safety protection, and hui:ric~e evacuation are,,; ,pr0vided to support the proposed development; and! or ", . ,; . . ." (3) compatibility with surrounding land u,sek'{existing and future) and community character; and! or (4) an evaluation of nljlJural resources and corresponding comprehensive plan policies, as well as stale and federal regulations protecting those resources. Policy 107,1.1 Maximum Developm'ent Parameters on the scarified spoil island. Wisteria Island . . ,;' The Future Land Use Map designatigp.on the subject property (Wisteria Island, Monroe County Property AppraiserAltemate key Number 1158089), totaling 21.35 total acres of which 18.15 are upland acres, shall be Mixed Use Commercial ("MC"), further limited by this sub-area policy. For purposes of the upland development allowed by this sub-area policy, Wisteria Island shall not be deemed to be an offshore island under comprehensive plan policies because: (1) It is within close proximity to a densely populated urban area. (2) It is within close proximity to public services and infrastructure. (3) There is an adjacent island which has been developed with infrastructure extended to meet the needs of the residents of Sunset Key. (4) It is a manmade spoil island. (5) It is located adjacent to a deep water commercial port designated in F.S. Sec.403.021(9)(b). (6) It does not meet the attributes ofan offshore island recommended for prohibition of development according to policy 102.7.2. (7) It is located outside any Coastal Barrier Resource Area. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (8) It is located outside any National Wildlife Refuge. (9) It does not have a documented established bird rookery. (10) It has a significant amount of exotic habitat. (11) It does not include a significant portion ofland area characterized as environmentally sensitive as defined by the comprehensive plan, except for dispersed and isolated fragments of environmentally sensitive lands. (12) It is an artificial land mass that is dominated by invasive non-native vegetation. (13) It generally meets the County defmition for disturbed lands. (14) While there are a variety of avian species that may use the island for foraging, resting and nesting, it does not provide suitable nesting habitat needed to support rookeries of colonial water birds as natural offshore islands typically do. (15) It has access to water at least four (4) feet below mean sea level at low tide. Wisteria Island shall not require a tier designation because the islapd shall not be permitted to participate in the Rate of Growth Ordinance (RaGa). With the adoption of the sub-area policy, Wisteria Island shall not incre~e density of the island by competing in the (ROGO) allocation system. Instead, Wisteria Island shall be limited to being a receiver site for residential transfeFable development 'ri:ghts ("TDRs") and residential transferable RaGa exemptions ("TREs") only, and is not al19wed to compete in ROGO for market-rate or affordable allocations. Accordingly, devel~pment within the limits established by this Policy shall be deemed development not ~ecting rate of growth, nor increasing the hurricane evacuation clearance times within the county. . , In addition to meeting .the requirements of al:l applicable goals, objectives, and policies of the Comprehensive pi~, development on Wisteria shall further the intent of Goals 101, 202, 203, 204, 205, 2b7~ and'~12 by improving near shore water quality, reducing impacts on the marine en~iF0nment,.and .e,n,hancing and protecting the quality of Monroe County's u,Iiland i1a~iYe habitatqr: '. '. , · Eliminating#le imptQP~r storage of vessels over submerged lands by developing apablic-access mooring field adjacent to Wisteria Island with the 'c.apacity to accpmmodate no fewer than 100 vessels, subject to obtaining req~isite permits~from State and Federal marine permitting agencies. · Providing overs.ight of the island's upland areas to eliminate illegal dumping and to encourage productive use of the land. · Authorizixig' shore-side infrastructure to serve a public-access managed mooring/field in adjacent waters in order to eliminate the unmanaged mooring of vessels. · Ensuring no increase in the number of residential or transient units allowed county-wide to avoid any effect on hurricane evacuation clearance times. To accomplish this the use of TREs is required for all market-rate permanent residential and transient residential dwellings on Wisteria Island, and those TREs shall be transferred as follows: a. Transferring to Wisteria Island (receiver site) units vested under a development or settlement agreement, letter of understanding, or 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 conditional use approval applicable to a sender site, and extinguishing the corresponding vested development right on the sender site; or b. Transferring to Wisteria Island (receiver site) market rate units obtained or acquired within the Lower Keys Subarea excluding mobile home units and extinguished at the existing location (sender site) thereby moving the units permanently to Wisteria Island. c. Transferring units only from the Lower Keys Subarea; d. Not utilizing Section 130-161.1 of the Land Development Code for transferring in permanent units onto the island, since that necessitates affordable housing RaGa allocations being used on the sender site and because Wisteria Island is not being designated Tier III, so the Code is not applicable. · Encouraging reductions in overall County density and the preservation of Monroe CountY's native habitat by restricting Wisteria's allocated residential density to two (2) units, but requiring the. owner to acquire and donate to Monroe County 40 acres of upland land that contains non-scarified native habitat within unincorporated Monr0~ County (from Tier I, Tier II, or Tier IlIA), within any land use district. Th~ land to be dedicated and preserved shall be inspected by the County biologist to assure it is acceptable for acquisition and donation~ The 40 acre lahd preservation may provide the TDRs necessary to move to:,;}Y-isteria Island. Land that is preserved shall be dedicated to conservation' tM0agh a mechanism contemplated by the ., , Comprehensive Plan (Policy 101.13.2);.. The county prefers land to be preserved on BigPine Key or No N!iffie Key. · Requiring a miniin1,J.l,Il of 30% open space on the island. · Reducing residential;, and commercial impacts on the marine environment through caps on densii')' and intensity, · Controlling the SoUl;~~. .and spread/of invasive exotic species through an islaIld:wide invaSi<v~ exotic~rein9v'al and control program. · Reducing-iIl1pacts 'OB near-shore water quality, seagrass beds, and hard bottom communitie's by encoiu.'aging communal docking facilities and prohibiting individual singit~: family'docks. · Preserving and ~$ancing valuable on-site and adjacent habitat communities. Therefore, development on Wisteria Island and the surrounding waters is hereby limited as follows: SECTION 1. DEVELOPMENT PERMITTED AS OF RIGHT A public-access mooring field with the capacity to accommodate no fewer than 100 vessels shall be developed in adjacent waters following approval by the Board of Trustees of the Internal Improvement Trust Fund and all permitting by appropriate state and! or federal agencies, with the associated upland amenities/facilities for the mooring field allowed on Wisteria Island prior to the issuance of a certificate of completeness for the mooring field. This certificate of completeness for the mooring field must be obtained prior to permitting any other upland development, as defined in Section 2 within this Sub-Area Policy. The mooring field related upland development is as follows: 5 1 a. Fixed and mobile vessel pump-out services. Such services shall be 2 provided to vessels using the public access mooring field; 3 b. Docking facilities, to be approved by Planning Director, include: a water 4 taxi dock, a service vessel dock, and a dinghy dock to accommodate a 5 maximum of 100 dinghies and a maximum of 20 short term public slips 6 for utilization of the mooring field and upland development with no dry 7 storage (pending agency approval and permitting) and dockside utilities; 8 c. Harbor master building; 9 d. Ships/ sundry store; 10 e. Potable water, Wastewater, Solid Waste, and fire prevention and 11 suppression system necessary to service the uses permitted as of right, as 12 well as those permitted by minor conditional use and major conditional 13 use (see Section 2); 14 f. Water taxi service to Wisteria. Water taxi shall be available to be used to 15 transport fire suppression/emergency medical personnel and equipment to 16 the island when requested. 17 18 g. The public-access mooring field shall have the following requirements: 19 i. Thirty percent (30%) of the mooring slips shall be reserved for 20 workforce housing. The monthly fee for this 30% set aside of mooring 21 slips for employee housing shall not exceed the monthly fees charged 22 by the Key West Mooring Field. If workforce slips are not utilized, 23 owner may lease to market rate users on a monthly basis only so that 24 the spaces are continually available for the workforce if in demand; 25 and 26 27 ii. Provision for the recreational boating public by reserving 10 percent 28 of the mooring balls to be set aside on a first come-first serve basis for 29 short term mooring; and 30 31 iii. No restriction on minimum vessel size providing the opportunity 32 for all sized vessels to enjoy the use of the mooring field; and 33 34 iv. Prohibition of floating structures and storage vessels; and 35 36 v. Requirement that allliveaboard vessels have a functioning marine 37 sanitation device and holding tank that meets current Florida Keys 38 National Marine Sanctuary (FKNMS) federal requirements for the No 39 Discharge Zone. 40 41 SECTION 2. UPLAND DEVELOPMENT PERMITTED BY CONDITIONAL USE 42 All development of the upland portion of Wisteria (other than the mooring field and 43 amenities/ facilities listed above in Section 1) shall be subject to minor or major 44 conditional use review and approval. Individual uses shall be further limited to the 45 following maximum densities, and intensities: 6 1 a. Restaurant with accessory bar serving alcoholic beverages (< 10,000 sq. ft. 2 permitted by Minor Conditional Use; > 10,000 sq. ft. permitted by Major 3 Conditional Use) & Pool; , 4 b. Single-family residential dwellings shall not exceed 35, with all required 5 TDRs and TREs to be transferred to the site; and Affordable/employee 6 residential dwellings shall not exceed 5 units; and 7 c. Transient residential units shall not exceed 35, with all required TREs to 8 be transferred to the site, and the total number of bedrooms shall not 9 exceed 85. For the purposes of calculating the number of units to be 10 transferred, the following table demonstrates the bedroomlbathlliving 11 space combination and its conversion for transfeFI'ing TREs: 12 Number of Number of Livi ng a re~ # of ROGO units Bedrooms Bathrooms ~ ' ,this represents 1 1 1 1 1.5 1 " 1 1 - ; 2 1 1 1{ 2 2 1.5 1 " " 2' 2 2 1 ", 2 , " 2 2.5 1 ' , 2 3 1 1 3 3 1.5 1 3 3 2 1 3 3 2.5 1 3 3 3 1 3 13 14 Nonresidential floor area shall not exceed 39,500 sq. ft. (including facilities included 15 in Sections 1 and 2 above); and 16 a. Commercial recreational uses to serve as support and amenities for a 17 public access mooring field in adjacent waters. 18 b. Accessory uses. 19 c. All docking facilities, including a maximum of 35 private docks for 20 the permanent housing units. 21 22 SECTION 3. !NY ASIVE EXOTIC VEGETATION REMOVAL 23 Prior to the issuance of a certificate of occupancy for any non-mooring field. related 24 upland development, invasive exotic vegetation shall be removed from the island and 25 re-vegetated according to Monroe County Code. Exotic removal may be phased to 26 permit the new plantings and vegetation to adequately adapt, as approved by the 27 County Biologist. All exotic removal must be completed within 3 years of the 28 certificate of occupancy for the area being developed or owner shall be subject to a 29 code violation, through code enforcement. 30 31 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. HURRICANE PREPAREDNESS PLAN Prior to the issuance of a certificate of occupancy for any non-mooring field related upland development in Sections 1, and 2 above, a hurricane preparedness plan for the island shall be prepared by the applicant, in compliance with Policy 216.1.8. In addition, the applicant shall cause to be recorded in the official records of Monroe County a covenant or other restriction on privately owned property on the island providing that, in the event of a mandatory evacuation, all occupants of the island shall be evacuated by private means. SECTION 5. FIRE PROTECTION Prior to the issuance of a certificate of occupancy for any n0n~ntOoring field related upland development in Sections 1 and 2 above, a fire preyention and suppression plan for the island shall be prepared by the applicant and apprdVe~ by the Fir~ Marshall. Because the island's unique location makes provision ofpublicfi.re services difficult, all structures shall include "sprinklered" fire pf0te~tion appr6ved by the Monroe County Fire Marshall. ' { " At a minimum, the plan shall include: ' , , a. Requirements to sprinkler buildings to:, assure better fire protection in the case of fire, in accordance with the Florida Fire Prevention Code; and b. Requirements to provide for the installation of water hydrants for fire suppression purposes; and c. Requirements to include risers and appropriate valves for firefighting purposes in any multi-story buildings as part of the fire protection systems. 'I 1', In addition,; the ~pplicant 'shalf caase tQ be recorded in the official records of Monroe County' a coven~t or other, restriction on privately owned property on the island providing that, in the event 0f ll, fire or hazard, all occupants of the island shall be protected, at a minitn:um, by a monitored private fire protection detection and suppressibn systems per ,NFP A and Florida Fire Prevention Code. , SECTION 6. OTHER REQUIRED PERMITS Upland devel~pment...cincluding the Restaurant, Bar, and Pool and any other upland development as 'defined in Section 2 above) shall not begin until all required State and local approvals and permits have been issued to provide Wisteria potable water service, advanced wastewater service, and fire protection, in sufficient quantity and capacity to accommodate such development. No septic tanks, package treatment plants, or wastewater treatment plants shall be located on Wisteria. SECTION 7. PRESERVATION OF WETLANDS The mangrove wetland shall be preserved and maintained with at least a 30' buffer surrounding the mangrove area. The salt marsh wetland areas, shall be maintained to the maximum extent practicable and all development shall be designed to avoid and minimize impacts to the salt marsh areas. Any salt marsh wetland area impacts 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 occurring on Wisteria Island shall be offset by mitigation on Wisteria Island or in the adjacent waters, in an amount required by Federal and State or other applicable permitting requirements. Only pile:-supported accessory structures will be allowed in the mangrove wetland area located on the Southern end of the island. Consistency with Objective 204.2, with corresponding policies 204.2.1 through 204. 2.10 of the Comprehensive Plan shall be required. SECTION 8. LIMITATION ON DOCKS Upon the final approval of docks and dockside utilities identified in Policy 107.1.1.1.b (of which 35 are for use by the owners or occup~ts of the upland units and 20 are for use by the public, and which shall not constitute 0~ authorize a marina under the Monroe County definition of a marina!}, a perpetual proprietary conservation easement prohibiting the installation of other. single family docks on Wisteria Island or on submerged land adjacent to Wisteria Islaild shall be granted to the Board of Trustees of the Internal Improvement Trust Fund ,~d recorded in the Monroe County public records. . . SECTION 9. PUBLIC ACCESS ,', Prior to the issuance of a certificate of occupancy. for any non-mooring field related upland development including the restaurant/bar ahd any development in Section 2 above), a minimum 2 acre compact' Op~n Recreation Space for public access shall be reserved and developed with elevated publiq restroom facilities for daytime use. This set-aside of land shall be available for thosepeI'sons utilizing the public moorings and for the general public. For the purpo'se of the ope:tl recreation space, public access means: general public is p:r0:vided convenient access over and across privately owned property subject~to such n~~0.nable rules and regulations as the owner of the property may impose goVerning conduct, dress, nois~, consumption of alcoholic beverages, daylight hours that the properyy ,sl1all be 9pen, and pedestrian traffic. Open Space means land ~et aside in its naMal state- ~although free of exotics), free of buildings (except the restrooms) with':~ccessory structures related to pedestrian activity such as walkways, boardwalks, seating, and park like facilities, including ,educational kiosks and other features to highlight th~ history of the island and "The Wisteria" ship, from which the island derives its name. The Developer may charge a reasonable fee for access to public recre~tional areas. Reasonable fee per person is defined as a fee equal to or less than the fees charged for entrance to Fort Zachary Taylor or any other publicly owned and operated public park within the City of Key West. The property owner may restrict or control access to private facilities that are customarily limited to guests or patrons of the transient units and to residential areas customarily reserved for residents. The Developer shall record in the Monroe County public land records a perpetual proprietary public access dedication easement to reserve this portion of the island for public access in perpetuity. 1 MCC Sec. 101-1. Marina means a facility for the storage (wet and dry), launching and mooring of boats together with accessory retail and service uses, including restaurants and live-aboards, charter boat and sport diving uses, except where prohibited, but not including docks accessory to a land-based dwelling unit limited to the use of owners or occupants ofthe dwelling unit. 9 1 2 SECTION 10. WIND LOAD 3 All structures on the island shall be designed, permitted, and constructed to meet a 4 wind load of 155 miles per hour (MPH) or greater, as certified by a qualified engineer 5 and shall have appropriate fire separation in accordance with the Florida Building and 6 Fire Prevention codes. 7 8 SECTION 11. COORDINATION WITH KEY WEST FIRE DEPARTMENT 9 The owner shall coordinate with the Key West Fire Department to determine the best 10 practices for emergency and fire systems for the island and supplement the facilities 11 and equipment necessary for the Key West Fire Department to provide adequate fire 12 SERVICES to the island. 13 14 SECTION 12. PARKING 15 Parking requirements for the Wisteria Island development shall not be imposed 16 according to the Monroe County land development code; instead, the Development 17 shall provide provisions for internal pedestrian linkages to water taxis or wet slip 18 moorings. Any designated parking located within the jurisdiction of the City of Key 19 West shall be approved by the applicable jurisdiction with appropriate approvals and 20 permits. A parking study shall be submitted to the City of Key West and coordinated 21 prior to the applicant submitting a minor or major conditional use application to 22 assure no parking deficiencies caused by this development will exist within the City 23 of Key West. 24 25 SECTION 13. SHORELIN:~ 26 The natural shoreline of the island shall not be altered (except for permitted shoreline 27 stabilization and docks) and the owner shall not add sand below the mean high water 28 line, nor create marimade imp'r~>vements !bat will be deleterious to the surrounding 29 waters and the benthic env.ironment: ' 30 31 SECTION 14. KEY WEST FA€ILITIES/SERVICE PROVISION APPROVALS All 32 infrastructure improvements, inCluding but not limited to water, sewer, and solid 33 waste services sh'!ll be constructed by the owner of Wisteria Island, at owners 34 expense. All approvals 'and permits by service providers, including City of Key West, 35 Florida Keys Aqueduc,t Authority, Keys Energy Services, or others shall be granted 36 prior to issuance, of 'permits for development permitted by right or for development 37 permitted by minor 'or major conditional use for upland development permitted within 38 this policy. Owner shall prepare a MoorIng Field Management Plan to be submitted 39 to the City of Key West demonstrating no adverse impacts to the City of Key West 40 prior to any mooring field development. This analysis shall include estimating 41 impacts to Key West Bight dinghy docks, Simonton Beach dinghy tie up area and any 42 other landing areas where dinghies may dock within the City of Key West. Owner 43 shall coordinate with Fire and Police Departments to assure adequate facilities are 44 available for public safety. 45 46 10 1 SECTION 15. COMPLIANCE WITH HARBOR REGULATIONS 2 The island is located adjacent to a federal harbor and as such, shall be subject to 3 regulations and other permitting relative to any impacts that may occur from 4 development of the mooring field and associated upland development. Existing 5 charted depth of the harbor shall be maintained and shall be situated such that any 6 additional boat traffic from the moored vessels and dinghies do not interfere with 7 military harbor activities and usage, including but not limited to Trumbo Point and 8 Fleming Key areas. Owner shall coordinate with the Navy. Navel Air Station Key 9 West. and the City of Key West regarding the staging and parking for construction. 10 11 SECTION 16. PROPORTIONATE DEVELOPMENT 12 Should the owner of the island be unsuccessful in obtaining permits for at least 100 13 mooring spaces, the owners maximum development potential or units permitted shall 14 be reduced proportionately by the same amount as the reduced number of moorings 15 (e.g. if 50 mooring spaces are permitted and constructed, only 50% of the maximum 16 development shall be permitted including 18 permanent housing units, 17 transient 17 housing units, 3 affordable housing units, and 20,000 square feet of non-residential 18 floor area). Obligations for transferring TDRs, TRE's, and land dedication shall also 19 be reduced proportionately. 20 21 The foregoing specific provisions governing the Sub-Area prevail over any conflicting 22 general provisions of Monroe County LDRs and Comprehensive Plan; allocated density 23 limitations in this sub-area policy shall not be considered as allocated density limitations 24 with regard to transferable development rights Sec.130-60(a)(7). 25 26 Section 3. The proposed Sub Area Policy 107.1.1 is to only be effective upon the 27 adoption of a Future Land Use Map (FLUM) Amendment from Undesignated to Mixed 28 Use Commercial (MC) for Wisteria Island. 29 30 Section 4. If any section, subsection, sentence, clause, item, change, or provision of this 31 ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. 32 33 Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby 34 repealed to the extent of said conflict. 35 36 Section 6. This ordinance shall be transmitted by the Planning Department to the 37 Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. 38 39 Section 7. This ordinance shall be filed in the Office of the Secretary of the State of Florida 40 but shall not become effective until a notice is issued by the Department of Community Affairs 41 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 42 Statutes. 43 44 Section 8. The numbering of the foregoing amendment may be renumbered to 45 conform to the numbering in the Monroe County Year 2010 Comprehensive Plan. 46 11 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 2 County, Florida, at a special meeting held on the _ day of _ A.D., 2010. 3 4 Mayor Sylvia Murphy 5 Mayor Pro Tem Heather Carruthers 6 Commissioner Kim Wigington 7 Commissioner Mario Di Gennaro 8 Commissioner George Neugent 9 10 BOARD OF COUNTY COMMISSIONERS OF 11 MONROE COUNTY, FLORIDA 12 13 BY 14 15 16 17 (SEAL) 18 19 ATTEST: DANNY L. KOLHAGE, CLERK 20 21 22 23 DEPUTY CLERK 24 25 26 27 Mayor Sylvia Murphy 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional andfair To: Monroe County Board of County Commissioners From: Mitchell N. Harvey, AICP Comprehensive Planning Manager Thru: Christine Hurley, AICP, Director of Growth Management Date: June 23, 2010 Subject: Request for an Amendment to the Monroe County 2010 Comprehensive Plan, Creating Goal 107, which establishes a Sub Area Policy, together with Objective 107.1 and Policy 107.1.1 which establishes a Sub Area Policy for Wisteria Island within a Mixed Use Commercial (MC) Future Land Use Map (FLUM) designation. Meeting: July 21, 2010 I REQUES.T . <',' " .' ,', . ',J ',' ~' , . ;.. ,', ' This is a request by FEB Corporation to amend the Monroe County 2010 Comprehensive Plan, creating Goal 107, Objective 107.1 and Policy 107.1.1 that establishes a Sub Area Policy that will direct future growth and development within the subject property known as Wisteria Island (aka, Christmas Tree Island) and the surrounding waters of the island. This request includes a corresponding Future Land Use Map Amendment from Undesignated to Mixed Use Commercial (MC) that should not be approved without this Sub Area Policy. 33 34 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 1 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Wisteria Island is an approximately 20-acre unincorporated spoil island located approximately 500 feet north of Sunset Key within Key West harbor and west of the City of Key West. The property owners also own submerged lands surrounding the island. Address: N/A Real Estate Numbers: All ofRE 00123950-000000 Legal Description: A parcel of Bay Bottom Land and Spoil Island of Key West, Florida, and more particularly described as follows: Commencing at the Northwesterly end of Simonton Street at the intersection of the Southwesterly end right-of-way line of Simonton Street and the waters of the Bay of Florida, run north 60 degrees west for a distance of 2,150 feet, more or less, to the point of beginning of the property, hereinafter described. From said point of beginning, continue north 30 degrees East for a distance of 1,700 feet; thence run South 60 degrees East for a distance of 1,000 feet; thence run South 30 degrees West fir a distance of 1,700 feet back to the point of beginning. II PROCESS Comprehensive Plan Amendments may be proposed by the Board of County Commissioners (BOCC), the Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee (DRC) and the Planning Commission. The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. The BOCC mayor may not recommend transmittal to the Florida Department of Community Affairs (DCA). The amendment is transmitted to DCA, which then reviews the proposal and sends its Objections Recommendations and Comments (ORC) report to Monroe County. The BOCC holds an adoption hearing within sixty days of the ORC report and decides whether to adopt, adopt with changes, or not adopt the amendment. This amendment is unique in that it is in close proximity to the City of Key West and to encourage intergovernmental coordination and maximize public input, Monroe County staff worked cooperatively to include the City of Key West Development Review Committee in the review process. While the City of Key West is not an approving agency, certain infrastructure provisions will be necessary for development of the island; therefore, coordination efforts were implemented Wisteria PLUM and Sub Area Policy BOCC: June 29, 2010 p, 20f25 1 III OVERLAY DISTRICT INiFOlWATION , , I', " ,. 2 Wisteria Island has no FLUM designation. The applicant initially requested a future land use 3 map amendment for Wisteria Island of Mixed Use Commercial (MC). Because the island is 4 adjacent to Sunset Key and the City of Key West, whose future land use categories and 5 existing development are similar to the requested future land use designation, Monroe County 6 staff, in coordination with the Department of Community Affairs worked with the applicant to 7 develop a corresponding sub-area policy, similar to an overlay district for the island. 8 9 The purpose of the proposed Sub Area Policy is to restrict the maximum development potential 10 of Wisteria Island, which would be allowed by the applicant's original request for a Mixed Use 11 Commercial (MC) FLUM designation, by creating policy language in the form of a 12 Comprehensive Plan Future Land Use Element text amendment. This Sub Area Policy will 13 guide the development of this spoil island, which contains limited environmentally sensitive 14 areas, by the enactment of area-specific regulations that allow development to occur subject to 15 limitations and conditions designed to protect existing natural resources. 16 17 These proposed Sub Area Goal, Objective and Policies identify parcels of land that require 18 narrowly-tailored regulation in order to limit development potential to an area or extent less 19 than the maximum density and intensity allowed by the future land use category requested by 20 the applicant. The recommended development parameters established for each Sub Area shall 21 be based either on an inventory of uses and facilities established on the parcel or by data and 22 analysis supporting the specific Sub Area limitations. 23 24 25 IV CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE 26 PLAN, THE FLORIDA ADINISTRATIVE CODE, AND PRINCIPLES FOR GUIDING 27 DEVELOPMENT 28 29 A. The proposed amendment is consistent with the Monroe County Year 2010 Comprehensive 30 Plan. Specifically, the amendment furthers: 31 32 1. Goal 101 of the Monroe County Year 2010 Comprehensive Plan considers the health 33 and safety of people and protection of natural resources. 34 35 2. Goal 105 of the Monroe County Year 2010 Comprehensive Plan recognizes the fmite 36 capacity for land development while balancing development with the natural 37 environment and provides a framework for future development and land acquisition for 38 the next 20 years. 39 40 3. Goal 202 of the Monroe County Year 2010 Comprehensive Plan requires that the 41 environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, 42 bays, lakes and tidal streams,) and associated marine resources shall be maintained and, 43 where possible, enhanced. 44 45 4. Goal 203 of the Monroe County Year 2010 Comprehensive Plan promotes the 46 protection and enhancement of the health and integrity of living marine resources and 47 marine habitat, including mangroves, seagrasses, coral reefs and fisheries. 48 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 3of25 1 5. Goal 204 of the Monroe County Year 2010 Comprehensive Plan protects and enhances 2 the health and integrity of Monroe County's marine and freshwater wetlands. 3 4 6. Goal 205 of the Monroe County Year 2010 Comprehensive Plan promotes the 5 protection and enhancement of the health and integrity of Monroe County's native 6 upland vegetation. 7 8 7. Goal 207 of the Monroe County 2010 Comprehensive Plan protects and conserves 9 existing wildlife and wildlife habitats. 10 11 8. Goal 212 requires Monroe County to prioritize shoreline land uses and establish criteria 12 for shoreline development in order to preserve and enhance coastal resources and to 13 ensure the continued economic viability of the County. 14 15 B. The proposed amendment is consistent with the Florida Administration Code (F.A.C.), 16 Chapter 9J-5. Specifically, the amendment furthers: 17 18 1. 9J-5.006(3)(b)4 F.A.C. ensures the protection of natural resources and historic 19 resources. 20 21 2. 9J-5.0012(3)(b)1 F.A.C. protects, conserve, or enhance remaining coastal wetlands, 22 living marine resources, coastal barriers, and wildlife habitat. 23 24 3. 9J-5.0013(2)(c)3 F.A.C. protects native vegetative communities from destruction by 25 development activities. 26 27 4. 9J-5.0013(2)(c)5 F.A.C. restricts activities known to adversely affect the survival of 28 endangered and threatened wildlife. 29 30 5. 9J-5.0013(2)(c)6 F.A.C. protects conservation of the natural functions of existing soils, 31 fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands including 32 estuarine marshes, freshwater beaches and shores, and marine habitats. 33 34 6. 9J-5.0013(3)(b) F.A.C. directs development away from wetlands by using land use 35 factors such as type, intensity or density, extent, distribution and location of allowable 36 land uses and the types, values, functions, sizes, conditions and locations of wetlands. 37 38 C. The amendment is Consistent with the Principles for Guiding Development in the Florida 39 Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7) 40 41 For the purposes of reviewing consistency of the adopted plan or any amendments 42 to that plan with the principles for guiding development and any amendments to the 43 principles, the principles shall be construed as a whole and no specific provision 44 shall be construed or applied in isolation from the other provisions. 45 (a). To strengthen local government capabilities for managing land use and 46 development so that local government is able to achieve these objectives 47 without the continuation of the area of critical state concern designation. Wisteria FLUM and Sub Area Policy BOCC: June29,2010 p, 4of25 1 (b). To protect shoreline and marine resources, including mangroves, coral reef 2 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 3 (c). To protect upland resources, tropical biological communities, freshwater 4 wetlands, native tropical vegetation (for example, hardwood hammocks and 5 pinelands), dune ridges and beaches, wildlife, and their habitat. 6 (d). To ensure the maximum well-being of the Florida Keys and its citizens 7 through sound economic development. 8 (e). To limit the adverse impacts of development on the quality of water 9 throughout the Florida Keys. 10 (t). To enhance natural scenic resources, promote the aesthetic benefits of the 11 natural environment, and ensure that development is compatible with the 12 unique historic character of the Florida Keys. 13 (g). To protect the historical heritage of the Florida Keys. 14 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of 15 existing and proposed major public investments, including: 16 1. The Florida Keys Aqueduct and water supply facilities; 17 2. Sewage collection and disposal facilities; 18 3. Solid waste collection and disposal facilities; 19 4. Key West Naval Air Station and other military facilities; 20 5. Transportation facilities; 21 6. Federal parks, wildlife refuges, and marine sanctuaries; 22 7. State parks, recreation facilities, aquatic preserves, and other 23 publicly owned properties; 24 8. City electric service and the Florida Keys Electric Co-op; and 25 9. Other utilities, as appropriate. 26 (i). To limit the adverse impacts of public investments on the environmental 27 resources of the Florida Keys. 28 G). To make available adequate affordable housing for all sectors of the 29 population of the Florida Keys. 30 (k). To provide adequate alternatives for the protection of public safety and 31 welfare in the event of a natural or manmade disaster and for a post disaster 32 reconstruction plan. 33 (1). To protect the public health, safety, and welfare of the citizens of the Florida 34 Keys and maintain the Florida Keys as a unique Florida resource. 35 36 Pursuant to Chapter 380.0552(7) Florida Statutes, the proposed amendment is consistent with 37 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 38 39 V ANALYSIS OF PROPOSED REQUEST - DENSITIES AND INTENSITIES AND 40 COMP ATABILITY WITH ADJACENT DEVELOPMENT 41 42 Wisteria Island currently has no future land use designation within Monroe County, nor was it 43 included on the initial Tier Maps adopted by Monroe County. Wisteria Island has a Land Use 44 District (zoning) designation of Offshore Island. Offshore Island permits 1 unit per 10 gross Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 5of25 1 acres. The acreage of the Island is 21.35 acres. Therefore, the current maximum number of 2 units permitted is 2. 3 4 A corresponding application has been submitted by the applicant for a Mixed Use Commercial 5 (MC) Future Land Use Map (FLUM) designation. After review of the applicant's initial 6 request, County staff recommended that the applicant request a Sub Area Policy similar to an 7 overlay district to provide alternative maximum densities and intensities consistent with the 8 adjacent island, known as Sunset Key, within the jurisdiction of Key West. The following 9 tables provide a comparison of densities and intensities approved for Sunset Key and proposed 10 for Wisteria Island under the Sub Area Policy. 11 12 COMPATIBILITY ANALYSIS: 13 Exhibit A is an aerial that illustrates the existing land uses within the surrounding area of 14 Wisteria Island, which includes Sunset Key and the Key West mainland. 15 16 Kev West Approval of Sunset Kev - Maximum Development Parameters 17 Land Area: 27 gross acres (1,176,120 square feet) 18 Total Floor Area Ratio (FAR) Maximum: 0.201 (or 236,947 square feet total) or if they 19 transfer in residential units from the mainland permitted development Floor Area Ratio 20 Maximum is: 0.21 (or 251,947 square feet total) 21 RestaurantlBar Commercial Floor Area Ratio (FAR) Maximum: .009 (NOTE: Outdoor 22 seating does not appear to constitute commercial square footage) 23 Residential Density: Between 4.01 - 4.52 units per acre 24 Residential (door) Keys: Between 1.48-2.44 keys per acre (NOTE: Key West did not 25 allocate transient units within their Code, consistent with Monroe County) 26 27 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 60f25 1 Use Max Square foot Max Square foot if Total Total Number #of transfered from Number of of Units moor- Mainland permitted Units Permitted if ings Permitted transfer from Mainland permitted TOTAL 27 (1,176,120 sq. ft) 27 (1,176,120 sq. ft) 27 27 (1,176,120 Acreage/Sq. Ft. (1,176,120 sq. ft) of island sq. ft) General 10,000 sq.ft. (90 10,000 sq.ft. (90 Commercial indoor seats) (120 indoor seats )(120 (Restaurant/Bar) outdoor seats) outdoor seats) Hotelffransient 56,000 sq.ft 56,000 sq. ft 40 units (40 40 units (66 Units keys) keys) Residential Units 170,947 sq. ft. 185,947 sq. ft. 70 units 82 units TOTAL Square 236,947 sq. ft. 251,947 sq. ft II 0 units (40 122 units (66 footage/Units/ keys) keys) Kevs FAR Max 0.201 0.21 (236,947/1,176,120) (251,947/1,176,120) Commercial FAR Max .009 Density Max 4.0 I units 4.52 unit per per acre acre (2.44 (1.48 keys keys per acre) per acre) Moorings around 12 Sunset Key Additional Conditions: Parking for Island uses on mainland Undetermined, development agreement included other major comprehensive development within the City of Key West and was analyzed on an overall parking analysis Public Open Recreation Space with access to the public to include a sand beach at least 900 feet long and above mean high waterline, served by public restroom facilities (1) Fire and Police to review the site plans for Sunset Key Island and provide service provisions during site approval process. Wind loads of 155 miles per hour or greater, as certified by a qualified engineer shall be used as design minimums for 49 dwelling units (it was not clear which units there were to be) that were added under amendment 11 of the development agreement. Shoreline Setback for dwelling units on Sunset Key island to be 50' 2 Access to the Public means: general public is provided convenient access over and across privately owned 3 property subject to such reasonable rules and regulations as the owner of the property may impose governing 4 conduct, dress, noise, consumption of alcoholic beverages, hours that the property shall be open, vehicular traffic 5 and commercial activities; provided that such rules and regulations shall be applied and enforced without 6 discrimination on the basis of race, religion, color, creed or sexual preference. The Developer may charge a 7 reasonable fee for access to recreational areas on Sunset Key, as well as to exhibits and events. The property 8 owner may restrict or control access to hotel facilities that are customarily limited to guests and to residential 9 areas customarily reserved for residents. The Developer agrees that within the five (5) year term of the 10 Development Agreement, provision will be made to assure the permanence of the public access. 11 12 13 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 7of25 1 Wisteria Island Maximum Development Parameters 2 Land Area: 21.35 gross acres (930,006 square feet) 3 Total Floor Area Ratio (FAR) Maximum: 0.222 (or 176,000 square feet total) 4 Residential Density: 3.51 units per acre - Residential Keys: Between 3.98 keys per acre* 5 *NOTE: Key West does not allocate transient units within their Code, consistent with Monroe County Use Max Square foot Max Total Number Total Number # of Square of Units of Units moonngs foot if Permitted Permitted if transfer transfer from from Mainland Mainland permitted permitted TOTAL Acreage/Sq. Ft. 21.35 gross acres NA 21.35 gross NA of island (930,006 square acres feet) (930,006 square feet) General Commercial NA NA (Restaurant/Bar ) 10,000 sq.ft (ShipStore/Harbormaster) 29,500 sq.ft HoteVTransient Units NA 35 (85 rooms) NA Residential Units NA 35 NA Affordable Housing Units NA 5 NA (workforce) TOTAL Square NA 75 (85 rooms) NA foota~e/Units/Keys Restaurant/Bar NA NA FAR Max .01 Total General (10,000/930,006) Commercial FAR Max .042 (39,500/930,006) Density Max NA 3.51 units per NA acre (3.98 rooms-keys per acre) Moorings around Wisteria NA NA 100 Island Dock Spaces 55 Additional Conditions: Parking for Island uses on mainland Undetermined - Boat Taxi service anticipated - Mainland facilities to be addressed in Major Conditional Use Public Open Recreation Space with access to the public to include 2 acre site, served by public restroom facilities with control by island owners (1) Fire Protection - Sprinklered buildings required due to difficulty in fire protection Hurricane Evacuation - units to be transferred to island from mainland, forever removing those units from inventory on mainland, resultin~ in no increase of hurricane evacuation clearance times. Police - TBD Wind loads of 155 miles per hour or greater, as certified by a qualified engineer shall be used as design minimums for 49 dwelling units (it was not clear which units there were to be) that were added under amendment 11 of the development agreement. Shoreline Setback for dwellin~ units to be determined throu~h Maior Conditional Use Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 8of25 1 Access to the Public means: general public is provided convenient access over and across privately owned 2 property subject to such reasonable rules and regulations as the owner of the property may impose governing 3 conduct, dress, noise, consumption of alcoholic beverages, hours that the property shall be open, traffic and 4 commercial activities. The Developer may charge a reasonable fee for access to recreational areas. The property 5 owner may restrict or control access to hotel facilities that are customarily limited to guests and to residential 6 areas customarily reserved for residents. Public access shall be assured through easement recorded in public 7 records. 8 9 DENSITYIINTENSITY ANALYSIS: 10 A comparison of the maximum density/intensity permitted under the Mixed Use 11 Commercial (MC) Future Land Use Map (FLUM) designation compared to the maximum 12 density/intensity permitted under the proposed Sub Area Policy is demonstrated in the 13 follow table. (MC density and intensity is cumulative, while the proposed Sub Area Policy 14 density and intensity is non-cumulative) 15 16 MC FLUM allows an allocated density up to 6 dwelling units per acre for market rate units 17 and a maximum net density of up to 18 dwelling units per buildable acre (total acres minus 18 20% open space requirement) for affordable housing. MU also allows a non residential 19 FAR of 0.45. Density and intensity for the Wisteria Sub-Area is calculated non- 20 cumulatively. Therefore, utilizing the total Wisteria Island upland area of 21.35 acres 21 (930,006 sq. ft.) and a buildable area of 17.08 acres, the MC FLUM would allow a 22 maximum of 128 market rate units, or 307 affordable units, or and 418,502 sq. ft. of non- 23 residential floor area. 24 MC MAXIMUMS MC With Sub Area Policy Difference between MC FLUM designation and MC with proposed Sub Area Policy 128 units (allocated) 70 (35 market rate/35 transient) - 58 units units 307 affordable units (Max Net) 5 affordable units - 302 affordable 418,502 sq.ft. (Max 39,500 sq.ft. (Max Commercial) - 379,002 sq.ft. Commercial) 25 26 VI,MPORIN6 FiELD ANU,RELi\TE.D FACILITIES" '." ", " ,,' .' .' ':' - "; 27 The waters surrounding Wisteria Island contain vessels and floating structures anchored 28 throughout the waters in a manner that may pose a threat to the health and viability of the water 29 quality and bay bottom. In 2002, Monroe County published Keys-Wide Mooring Field 30 System which indicated the area surrounding Wisteria Island was the "largest and most 31 problematic anchorage in the Keys and found that "this enormous anchorage ground is truly 32 out of hand. The area is in dire need of management and enforcement of regulations." 33 34 The applicant for this Sub Area Policy and corresponding Future Land Use Map Amendment 35 (FLUM) has proposed the construction of a 100i: slip public access mooring field. The 36 mooring field would provide a benefit to the public and the environment. 37 38 The proposed Sub Area Policy for Wisteria Island requires: 39 40 1. A proposed 100i: slip public access mooring field and a staff recommended 2 acre public 41 recreation space with associated upland development including: Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 90f25 1 a. Fixed and mobile vessel pump-out services. Such services shall be provided to 2 vessels using the public access mooring field; 3 b. Docking facilities, to be approved by Planning Director, include: a water taxi dock, 4 a service vessel dock, a dinghy dock to accommodate a maximum of 100 dinghies, 5 and a maximum of 20 short term public slips for utilization of the mooring field and 6 upland development with no dry storage (pending agency approval and permitting) 7 and dockside utilities; 8 c. Harbor master building; 9 d. Ships/sundry store; 10 e. Potable water, wastewater, solid waste, and fire prevention and suppression system 11 necessary to service the uses permitted as of right, as well as those permitted by 12 minor conditional use and major conditional use; and 13 f. Water taxi service to Wisteria: Water taxi shall be available to be used to transport 14 fire suppression/emergency medical personnel and equipment to the island when 15 requested. 16 Staff recommends the public-access mooring field shall adhere to the following 17 requirements: 18 19 a. Thirty percent (30%) of the mooring slips shall be reserved for workforce housing 20 and the fees for the 30% mooring slips reserved for workforce housing shall not 21 exceed the monthly fees charged by the Key West Mooring Field or the Marathon 22 Boot Key Harbor Mooring Field. If workforce slips are not utilized, owner may 23 lease to market rate users on a monthly basis only so that the spaces are continually 24 available for the workforce if in demand; 25 b. Provide for the recreational boating public by reserving 10 percent of the mooring 26 slips to be set aside on a first come-first serve basis for short term mooring; 27 c. Have no minimum vessel size which might limit the use by small vessels; 28 d. Prohibit floating structures and storage vessels; and 29 e. Require all vessels to have a functioning marine sanitation device and holding tank 30 that meets current Florida Keys National Marine Sanctuary (FKNMS) federal 31 requirements for the No Discharge Zone. 32 f. The mooring field is to be constructed AND ISSUED a Certificate of Completeness 33 within the waters surrounding Wisteria Island PRIOR TO the construction of other 34 upland development including the items below. 35 2. Restaurant with accessory bar serving alcoholic beverages (~ 10,000 sq. ft. permitted by 36 Minor Conditional Use; > 10,000 sq. ft. permitted by Major Conditional Use) & Pool; 37 3. Other Upland Development to be permitted only through a Major Conditional Use 38 Approval including: 39 a. 35 Single-family 40 b. 5 Affordable/employee residential dwellings 41 c. 35 Transient residential with the total number of bedrooms not to exceed 85 42 d. Commercial recreational uses to serve as support and amenities for a public access 43 mooring field in adjacent waters; 44 e. Accessory uses; Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 10 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 VII 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 f. Docking facilities, including a maximum of 35 private docks for the permanent housing units. This mooring field can only be developed as a result of a submerged land swap with the State of Florida. The proposed Sub Area Policy and associated MU FLUM designation will allow the development of upland uses that support the proposed public access mooring field. No approvals for upland development on Wisteria Island will be granted until the proposed mooring field is approved by the State of Florida and the mooring system is installed and issued a certificate of completeness. Upland residential uses can only be developed in a manner that results in no net increase of dwelling units that have been previously allocated within Monroe County. Therefore, Wisteria Island would not be eligible to participate in Monroe County's Rate of Growth Ordinance (ROGO) unit allocation system. Dwelling units must be transferred to Wisteria Island from a sender site located the Lower Keys Planning Sub Area through Monroe County's Transfer of Development Rights (TDR) and Transfer of ROGO Equivalents (TRE) regulations. Encouraging reductions in overall County density and the preservation of Monroe County's native habitat is accomplished by restricting Wisteria's allocated residential density to two (2) units, but requiring the owner to purchase and preserve 40.1 acres of land that contains non-scarified native habitat within unincorporated Monroe County (from Tier I, Tier II, or Tier IlIA), within any land use district. The land to be dedicated and preserved shall be inspected by a County biologist to assure it does not contain scarified land. The 40.1 acre land preservation may provide the TDRs necessary to move to Wisteria. Land that is preserved shall be dedicated to conservation through a mechanism contemplated by the Comprehensive Plan (Policy 101.13.2). The county prefers land to be preserved on Big Pine Key or No Name Key. ENVIRONMENTAL ANALYSIS The amendment for Wisteria Island was reviewed for consistency with relevant Monroe County Comprehensive Plan environmental goals, objectives and policies as well as conformity with related Land Development Codes. The following analysis is based on the information provided by the applicant and due to the absence of specific development plans is general in nature. Although the applicant asserts that there is no future land use designation for the subject parcel, Sec 101-2.(13) e. of the Land Development Code states" All keys or islands without a specific land use designation shall be considered zoned as off-shore islands whether they are labeled as (OS) OFF-SHORE ISLANDS, unlabeled, not shown on these maps, or lie beyond the areas covered by these maps". Therefore the following analysis is based on an OS land use (zoning) designation for the subject parcel. This is a land development code policy and is not a comprehensive plan policy. The Future Land Use Map does not include a Future Land Use designation for this island. Comprehensive Plan Policy 101.4.22 states in part that "All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use District (zoning) Overlay Tier Maps and the wetland requirements in Policy 102.1.1". Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 11 of25 1 Undeveloped offshore islands are Tier I in accordance with Policy 102.7.3, therefore 2 Wisteria Island would be a Tier I property. The wetland protection requirements of Policy 3 102.1.1 state in part that the open space requirement for mangroves undisturbed salt marsh 4 and buttonwood wetlands is 100%. While the applicant states that the buttonwood 5 community is disturbed "by definition" by virtue of being on a spoil island and accurately 6 quotes the Land Development Code definition of disturbance, the application provides no 7 information to determine if the on-site communities meet this definition of disturbed. 8 Regardless of the degree (or lack) of disturbance present, Objective 102.1 of the 9 Comprehensive Plan, requires new development to comply with environmental standards 10 and environmental design criteria which will protect disturbed wetlands, native upland 11 vegetation and beachlberm areas. This objective is supported by the previously discussed 12 Policy 102.1.1. In addition, Policy 102.2.1 requires no net loss of disturbed wetlands, 13 requiring on-site mitigation or off-site mitigation through contribution to the environmental 14 restoration fund. 15 16 While the application does not specify any proposed development plans, it should be 17 noted that Policy 102.7.2 is intended to further restrict the activities permitted on 18 offshore islands, if applicable to the island as defined within the policy. 19 20 Policy 102.7.2 states: 21 These shall include the following: 22 1. Development shall be prohibited on offshore islands (including spoil islands) which have 23 been documented as an established bird rookery or nesting area (See Conservation and 24 Coastal Management Policy 207.1.3.); 25 2. Campgrounds and marinas shall not be permitted on offshore islands; 26 3. New mining pits shall be prohibited on offshore islands; 27 4. Permitted uses by-right on islands (which are not bird rookeries) shall include detached 28 residential dwellings, camping (for the personal use of the owner of the property on a 29 temporary basis), beekeeping, accessory uses, and home occupations (subject to a special 30 use permit requiring a public hearing); 31 5. Temporary primitive camping by the owner, in which no land clearing or other alteration of 32 the island occurs, shall be the only use of an offshore island which may occur without 33 necessity of a permit; 34 6. The use of any motorized vehicles including, but not limited to, trucks, carts, buses, 35 motorcycles, all-terrain vehicles and golf carts shall be prohibited on existing undeveloped 36 offshore islands; 37 7. Planting with native vegetation shall be encouraged whenever possible on spoil islands; 38 and 39 8. Public facilities and services shall not be extended to offshore islands. 40 41 In accordance with the above discussed Comprehensive Plan policies, the Land Development 42 Code contains the following regulations specific to offshore (OS) islands. 43 44 45 Sec. 130-40. Purpose of the offshore island district (OS). 46 The purpose of the OS district is to establish areas that are not connected to U.S. 1 as protected 47 areas, while permitting low-intensity residential uses and campground spaces in upland areas 48 that can be served by cisterns, generators and other self-contained facilities. 49 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 12of25 1 Sec. 130-90. Offshore island district (OS). 2 (a) The following uses are permitted as of right in the offshore island district: 3 (1) Detached residential dwellings; 4 (2) Camping, for the personal use of the owner of the property on a temporary basis; 5 (3) Beekeeping; 6 (4) Accessory uses; 7 (5) Home occupations--Special use permit required; 8 (6) Tourist housing uses that were established (and held valid state public lodging 9 establishment licenses) prior to January 1, 1996. Vacation rental use, ofa dwelling 10 unit in existence as of January 1, 2000, if a special vacation rental permit is 11 obtained under the regulations established in section 134-1; 12 (7) Collocations on existing antenna-supporting structures, pursuant to section 146- 13 5(3); and 14 (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant 15 to section 146-5(6). 16 17 (b) The following is permitted as a minor conditional use in the offshore island district (OS), 18 subject to the standards and procedures set forth in chapter 110, article III: satellite earth 19 stations greater than or equal to two meters in diameter, as accessory uses, pursuant to 20 section 146-5(6). 21 22 STAFF ENVIRONMENTAL ANALYSIS 23 The applicant submitted an environmental analysis with the application which describes the 24 existing habitats on Wisteria Island (Exhibit B). Staff conducted a site review with the 25 applicant's representatives on April 28, 2010. The existing habitat on Wisteria Island is 26 consistent with the applicant submitted information and is dominated by disturbed upland 27 communities (20.04 acres). Disturbed wetland communities constitute 1.31 acres if the site. 28 29 When reviewing the policy language of 102.7.2 the restrictions to development on offshore 30 islands are specific to development being prohibited on offshore islands (including spoil 31 islands) which have been documented as an established bird rookery or nesting area. To 32 date, no bird rookery or nesting area has been documented on Wisteria Island. 33 Furthermore, while the Comprehensive Plan indicates offshore islands should be 34 designated Tier I, this island was not included in the adoption of the Tier Maps and through 35 the development of the policy language related to the Tier System, the Sub Area Policy 36 currently recommends the island remain tierless and be ineligible to compete in the 37 Residential Rate of Growth Ordinance. The Island does not include habitat communities 38 that are consistent with Tier I or Tier IlIA criteria and therefore, is currently being 39 recommended to remain tierless. 40 41 42 VIII IMPACT ON' PUnLIC F ACILTIES AND SERVICES (CONCURRENCY)' ':, \ : '.,1, ......' , 43 Policy 1401.4.1 requires Monroe County to adopt Level of Service standards for the 44 following public facility types: road, sanitary sewer, solid waste, drainage, potable water, 45 and parks and recreation. The LOS standards are established in the following sections of 46 the Comprehensive Plan: Traffic Circulation, Policy 301.1.1; Potable Water, 701.1.1; Solid 4 7 Waste, Policy 801.1.1; Sanitary Sewer, Policy 901.1.1; Drainage, Policy 1001.1.1; and 48 Recreation and Open Space, Policy 1201.1.1. The following is a concurrency review for 49 the proposed Sub Area Policy. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, \3 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Traffic Circulation - Policy 301.1.1 "For all County roads, Monroe County hereby adopts a minimum peak hour level of service (LOS) standard of D, based on the Florida Department of Transportation (FDOT) methodology for determination of LOS, as measured by peak hour traffic volume. The County shall maintain the level of service on County roads within five percent (5%) of LOS D. [9J-5.007(3)(c)}" Trip generation estimates are based on the closest categories to Mooring Field and categories matching the maximum. The ITE numbers were weighted to more closely represent the nearly closed system Wisteria Island represents. Total trips to and from Wisteria Island will increase by approximately 304 multi-modal trips per day if/when the maximum development potential is realized. The weighting system used reflects the occupancy approach itemized in the table below and internal trips using available knowledge and experience from the adjacent Sunset Key. 2. Mooring Field The proposed mooring field will not increase transportation impacts. The mooring impacts already exist and therefore should be included in both the County's and the City's public facilities capacity assessment reports. As part of the Florida Fish and Wildlife Conservation Commission Pilot Mooring Field Program, the property owner has begun montWy surveys of the moored vessels around Wisteria. Data for the March 2010 survey1 has been fully processed and reveals there are 106 vessels currently moored, 65 of which are liveaboards. Formalizing and controlling the mooring of vessels around Wisteria Island should not create additional transportation impacts that have not already been included in the level of service calculations of both Monroe County and The City of Key West. ResidentiaV Transient: Proposed dwelling units would be located on Wisteria Island, so all trips to and from the Island will be accommodated within multi-modal context, with the majority of trips likely to occur within the existing water taxi service currently operated by the managers of Sunset Key. The Sub-Area Policy requires residential and transient units to be transferred to Wisteria from other locations. Therefore, given that no new units will be created, no increase in overall trip generation will result County-wide; notwithstanding, there will be a relocation of trips from the current or previous location of the units to Wisteria Island. As previously mentioned the trips associated with the units, which were previously, presumably, primarily land based trips will become multi-model trips spread across land and water with a variety of origination and departure points. 3. Non Residential: lThe applicant provided the March survey data sheet "Survey of Vessel Type Currently in the Area of Proposed Mooring' for Wisteria Island that they are collecting as part of the Pilot Mooring field program requirements. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 140f25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 The potential trip generating non-residential floor area is an allowance for a bar and restaurant. All access to the island will be by private boat or water taxi service. Parking for the private boaters is already accommodated and required dock-side in both the County and the City of Key West and therefore can be reasonably excluded from the land-based trip impacts. 4. Parking Parking for Wisteria Island is expected to be accommodated within a parking structure at the Westin Marina. According to the applicant, this structure has excess capacity of approximately i100 spaces that can be associated with Wisteria. The County's Development Review process requires traffic and parking studies is performed by licensed traffic engineers and reviewed and approved by the County's own traffic consultant at the time of development review. Any proposed development must meet the minimum parking requirements as determined by the LDRs and approved by the County. If the parking for Wisteria is accommodated within the City of Key West, all proper approvals (including any necessary City approvals) will be required at the time of development review. Population based on Occupancy Rates Use No. of Units People/ Unit Occupancy Total rate population SF 35.0 2.42 0.7J 58.8 Transient 35.0 2.64 0.8' 72.8 Affordable 5.0 2.40 1.0' 12.0 Moorings +100 1.511 0.3~ 45.0 Population Total 188.6 Population - Maximum Occupancy Use No. of Units People/ UnitlO Occupancy Total rate population SF 35.0 2.4 1.0 84.0 Transient 35.0 2.6 1.0 91.0 Affordable 5.0 2.4 1.0 12.0 Moorings +100 1.5 1.0 150.0 Population Total 337.0 2 Average owner-occupied household size in Key West, according to US Census - per applicant 3 Occupancy in Key West per US Census data - per applicant 4 Transient Occupancy in Key West per Mo. Co. TDC data - per applicant 5 According to the applicant, average occupancies of transient units at Sunset Key is approximately 1.25 people per bedroom room 6 Average owner-occupied household size in Key West, according to US Census - per applicant 7 Applicant assumes employee housing occupancy at 100% 8 Assumes 1.5 people per mooring (note: Live-aboards are not permitted on State Lands) - per applicant 9 Based on average mooring ball occupancy rates provided by the Harbor Masters of the City Marina at Garrison Bight and Boot Key Harbor Marina - per applicant 10 Assumptions are the same as "Population Based on Occupancy" table above Wisteria FLUM and Sub Area Policy BaCC: June 29, 2010 p, 15 of25 1 Total Trip ITE # Land Use Amount Trip Rate Weighted Generation Classification Vehicle Trips per Day Residential Residential Planned Unit Single Family Development 35.0 7.5 55.111 (ITE Class No. 270) All Suites Hotel Transient (ITE Class No. 35.0 6.2 45.512 311) Employee Apartment (ITE 5.0 6.7 16.813 Housing Class No. 220) Residential Total 117.4 Non-Residential Quality Restaurant Restaurant (ITE 4,000.0 90.0 179.914 Class No. 931) Drinking Place Bar (ITE Class No. 1,600.0 11.3 4.515 936) Harbor Marina (ITE Class Master 0.1 20.9 2.09 (acres) No. 420) Non Residential Total 186.5 Total Residential & Non-Residential Trips16 303.9 2 3 4 5 11 According to applicant experience at Sunset Key, less than 30% of the residents have a vehicle in Key West 12 According to the applicant, experience at Sunset Key demonstrates less than 30% of the guests come to the resort with a vehicle 13 ITE studies are based on a mainland suburban environment. Given the closed system aspect of Wisteria, applicant anticipates off-island trips to be reduced by approximately 50%. 14 Applicant cites experience at Sunset Key where approximately 50% of the restaurant trips are internal (i.e. guests of the resort and residents of the island constitute approximately 50% of the clientele of the restaurant and do not generate off-island trips IS Applicant cites experience at Sunset Key where approximately 75% of the bar trips are internal (i.e. guests of the resort and residents of the island constitute approximately 75% of the clientele of the bar and do not generate off- island trips 16 Trips, per industry standards, constitute all trips whether they are by foot, bike, dinghy, private boat, water taxi, automobile, bus, etc. Therefore it is important to consider that the total number of trips can be reasonable expected to be multi-modal (i.e. spread among various types of transportation modes and various points of departure and arrival) Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 16of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 It should be noted that the Sub Area policy includes a provision that would require the applicant/owner to obtain any and all necessary approvals for any physical facilities that are to be constructed within the jurisdiction of the City of Key West prior to any minor or Coordination with Key West staff has been initiated to include a Key West Development Review Committee (DRC) review of the proposed Sub Area Policy language. 2. Potable Water - Policy 701.1.1 "Sufficient potable water from an approved and permitted source shall be available to satisfy the projected water needs of the proposed development or use. Approved and permitted sources shall include cisterns, wells, FKAA distribution systems, individual water condensation systems, and any other system that complies with state standards for potable waterI7." Potable Water: Policy 701.1.1 of the County Comp Plan sets the level of service for residential potable water at 66.5 gal/capita/day and nonresidential at 0.35 gal/sq.ft.lday. When calculating the potential potable water needs, the maximum occupancy was used. If Wisteria is at capacity for even one day sometime in the future, the potable water infrastructure should have the capacity to meet the maximum need. Total Potential Capacity Required: 17,934 gal/day i) Potential Capacity Required (residential): 22,410.5 gal The total capacity required for the residential use with 337 people is: 66.5 gal/capita/day x 337 people = 22,410.5 gal/day ii) Potential Capacity Required (non-residential): 11,882.5 gal The total capacity required for the nonresidential use on 33,950 sq. ft. is: 0.35 gal/sq. ft.lday x 33,950 sq. ft. = 11,882.5 gal/day The proposed map designation potentially results in a daily potable water usage of 34,293 gal/day. Connection to the FKAA potable water system should be made. As demonstrated below, the FKAA system has available capacity to accommodate the predicted level of service that could result from the map designation. Any transmission capacity upgrades necessary to serve potential development should be addressed during the development approval process as required by the County's Comprehensive Plan and Land Development Regulations. In addition, a policy has been included in the Sub Area policy that all necessary infrastructure costs will be fully paid for by the owner/applicant. The Florida Keys Aqueduct Authority has the capacity to supply adequate service to this property as a result of a revised water use permit and the reverse osmosis ( R.O.) expansion at the Florida City plant. 17 Monroe County Code of Ordinances, Sec. 114-2(a)(3) Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 17 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 FKAA has obtained all necessary permits and is in the process of constructing facilities on the mainland in Florida City to expand water supply for the Florida Keys. This permitted and under construction improvement will enable FKAA to provide over 23 MGD by July 2010, which will provide sufficient capacity through 202218. Once operational in 2010, a permitted expansion of the R.O. plant will provide 6.0 MGD, which combined with the 17.0 MGD permitted withdrawal from the Biscayne Aquifer, will increase available water supply to 23 MGD for the Florida Keys. Expanded Florida City R.o. Plant. The Department of Health issued Permit # 150092- 007-wc/04 (Exhibit I) on November 14, 2006 to allow for the construction of an expanded reverse osmosis (R.O.) water plant in Florida City. The expanded water plant will be designed to treat blended Floridan Aquifer water as an alternative water source to the Biscayne Aquifer. The permit design capacity of the expanded R.O. plant is 6 MGD. Revised Water Use Permit. The SFWMD issued revised Water Use Permit (WUP) #13- 00005- W (Exhibit II) on March 26, 2008, which recognizes the additional blended Floridan Aquifer capacity that will be provided by the expanded R.O. plant. Interim Water Use Allocations in the WUP permit provide FKAA with an allocation of 17.00 MGD (dry season) and 17.79 MGD (wet season) which may be withdrawn from the Biscayne Aquifer and allows FKAA to utilize the Stock Island and Marathon Reverse Osmosis plants for any demands exceeding the interim withdrawal limit, pending completion of the R.O. plant in Florida City. The Stock Island and Marathon R.O. plants have a combined capacity of 3.0 MGD providing an interim WUP water supply of20.0 MGD during the dry season ifneeded. Once operational in 2010, the R.O. plant will provide an additional 6.0 MGD, which when combined with the 17.0 MGD permitted withdrawal from the Biscayne Aquifer, will increase available water supply to 23 MGD for the Florida Keys. The interim allocation of 20 MGD (7300 MG/year) through 2010 and 23 MGD after 2010 provides ample water supply to support the adopted amendment and allocated growth well beyond 10 years. The "Monroe County 2007 Annual Public Facilities Report" documents historic water use in the Florida Keys. Water demand has fluctuated significantly on an annual basis, however when evaluated over a ten-year period, the data shows an increase in water demand of more than 1 billion gallons over the last 10 years with an annual average increase of approximately 104 MG/year. This increase in demand can be shown in the following calculation: 1996 annual water demand = 5,272 MG/year 2006 annual water demand = 6,310 MG/year Average Annual Increase = (6,310 MG- 5,272 MG/ 10 = 103.8 MG/year Based on the average annual increase of 103.8 MG per year, the interim allocation would be sufficient for an additional 9.5 years of growth beyond 2006 or through 2015 until demand reaches the interim permitted withdrawal of 20 MGD (7,300 MG/year). Upon completion of the Florida City facilities, the 23 MGD allocation would be 18 Excerpt from Analysis by Kenneth B. Metcalf, AICP, (Greenberg Traurig, P.A.) August 22,2008. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 180f25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 available to support yet another 9.5 years of growth. Based on these findings, sufficient permitted water supply is available to meet the needs of the Florida Keys through 2024. Improvements Schedule/Status. Condition 30 of the WUP provides the following time schedule for construction of the RO. plant and the associated Floridian deep wells that will provide 23 MGD of capacity through 2024: · DEP Underground Injection and Control permit was obtained on May 21,2008. · Construction contracts were required within 180 days or by November 21,2008; · Testing is required within one year and 30 days from issuance of the permit or by June 21, 2009. · The RO. plant construction is scheduled for completion by December 31, 2009 and the RO. plant will be operational no later than 2 years and 60 days from the issuance of the DEP permit or by July 21,2010. Solid Waste - Policy 801.1 "Monroe County shall ensure that solid waste collection service and disposal capacity is available to serve development at the adopted level of service standards, concurrent with the impacts of such development. (9J-5.011(2)(b)2]" Policy 801.1.1 sets the level of service for residential solid waste disposal at 5.44 lb/capita/day. Solid waste will be collected manually on Wisteria, and will be removed via existing licensed waste haulers. The normal levels of solid waste generation and handling will be at levels predicted by functional occupancy rates, not maximum capacity. On those exceptional days where occupancy is higher than normal, the waste hauler is extremely experienced and responds accordingly. The occupancy levels were predicted using i) Potential Capacity Required (based on weighted occupancy): 1,023 Ibs/day The total capacity required for the residential use of 188 people is: 5.44Ibs/capita/day x 188 people = 1,023 lbs/day The proposed amendment potentially results in an occupancy-based daily solid waste capacity need of 1,023 lbs/day. According to the Monroe County Public Facilities Capacity Report for 2009, Waste Management (WM) has more than enough capacity to handle this increase. ii) Potential Capacity Required (based on maximum occupancy): 1,833 lbs/day The total capacity required for the residential use of337 people is: 5.44 lbs/capita/day x 337 people = 1,830 lbs/day The proposed map designation potentially results in an occupancy-based daily solid waste capacity need of 1,833 lbs/day. According to the Monroe County Public Wisteria FLUM and Sub Area Policy BOCC: June 29,2010 p, 19 of25 1 Facilities Capacity Report for 2009, Waste Management has more than enough capacity 2 to handle this increase. 3 4 Handling Procedure: 5 According to the applicant, solid waste handling will mirror that of Sunset Key. Sunset 6 contracts with WM for a single compactor for household and restaurant waste, a roll-off 7 dumpster for yard waste, and a recycling container. Once per week, or as needed, a 8 WM truck is ferried to the island where it deposits an empty compactor and roll-off 9 dumpster. The truck retrieves the full units and is ferried back across the harbor. The 10 truck hauls the trash to Rockland Key, where it is transferred and hauled to the 11 Mainland. 12 13 It should be noted that the Sub Area Policy includes a provision that would require the 14 applicant/owner to obtain any and all necessary approvals for any physical facilities 15 that are to be constructed within the City of Key West limits prior to any minor or 16 major conditional use approvals and therefore if the applicant/owner proposes facilities 17 that impact City of Key West infrastructure, they should address the impacts through 18 the Key West development review process. 19 Coordination with Key West staff has been initiated to include a Key West 20 Development Review Committee review of the proposed Sub Area Policy language. 21 22 4. Sanitary Sewer - Policy 901.1.1 23 Policy 901.1.1 24 Monroe County shall ensure that at a the 1- time a development permit is issued, 25 adequate sanitary wastewater treatment and disposal facilities are available to support 26 the development at the adopted level of service standards, concurrent with the impacts 27 of such development. [9J-5.011(2)(c)2] 28 29 Permanent Level of Service Standards: 30 31 The permanent level of service standards for wastewater treatment in Monroe 32 County are as provided in House Bill 1993 adopted by the 1999 Legislature. 33 34 Notwithstanding the existing County Code and State Statutes regarding sanitary 35 sewer LOS, Monroe County has been working to develop a wastewater LOS. 36 Monroe County is designing and constructing sanitary sewer facilities in order to 37 comply with Chapter 99-395 of the Laws of Florida which require construction of 38 Advanced Wastewater Treatment systems by July 1, 2010. The proposed service 39 areas for central sewer are based on the results of the Sanitary Wastewater Master 40 Plan that was completed in June 2000. 41 42 Given that the County is working with the Florida Department of Community 43 Affairs to develop an acceptable sanitary sewer LOS, we can apply the proposed 44 LOS of 145 gallons per capita per day to determine potential capacity requirements 45 of the zoning map designation. 46 47 Total Potential Capacity Required: 54,665 gal/day 48 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 20 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 i) Potential Capacity Required (residential): 48,865 gal The total capacity required for the residential use with 337 people is: 145 gal x 337 people/day = 48,865 gal/day ii) Potential Capacity Required (non-residential): 5,800 gal The total capacity required for the nonresidential use with 40 employees is: 145 gal x 40 people /day = 5,800 gal/day The proposed map designation potentially results in a daily sanitary sewer capacity of 54,665 gal/day. The Richard A. Heyman Environmental Protection Facility advanced waste water treatment plant has the available capacity to accommodate the potential capacity resulting from the proposed zoning map designation. The current wastewater treatment plant has the potential treatment capacity of 10 million gallons per day. Only 4.8 million gallons per day of capacity are currently utilized. The current plant has the capacity to supply service to this project's needs. 5. Drainage -1001.1 Monroe County shall ensure that at the time a development permit is issued, adequate storm water management facilities are available to support the development at the adopted level of service standards concurrent with the impacts of such development. [9J-5.011 (2)(b)lJ Water Quality Level of Service Standards - Minimum Water Quality: All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set forth in Chapters 17-25 and 17-302, F.A.C, incorporated herein by reference. In addition, all projects shall include an additional 50% of the water quality treatment specified below, which shall be calculated by multiplying the volumes obtained in Section (a) by a factor of 1.5, Retention/Detention Criteria (SFWMD Water Quality Criteria 3.2.2.2): a) Retention and/or detention in the overall system, including swales, lakes, canals, greenways, etc., shall be provided for one of the three following criteria or equivalent combinations thereof: (1) Wet detention volume shall be provided for the first inch of runoff from the developed project, or the total runoff of2.5 inches times the percentage of imperviousness, whichever is greater. (2) Dry detention volume shall be provided equal to 75 percent of the above amount computed for wet detention. (3) Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 21 of25 1 2 3 4 5 6 7 8 9 10 11 b) Infill residential development within improved residential areas or subdivisions existing prior to the adoption of this comprehensive plan must ensure that its post-development stormwater run-off will not contribute pollutants which will cause the runoff from the entire improved area or subdivision to degrade receiving water bodies and their water quality as stated above. c) New Development and Redevelopment projects which are exempt from the South Florida Water Management District permitting process shall also meet the requirements of Chapter 40-4 and 40E-40, F.A.C. 6. Recreation & Open Space - Policy 1201.1.1 12 13 14 15 16 17 18 19 20 21 22 Monroe County hereby adopts the following level of service standards to achieve Objective 1201.1, and shall use these standards as the basis for determining recreation land and facility capacity: Level of Service Standardsfor Neighborhood and Community Parks: 1) 0.82 acres per 1000 functional population of passive, resource-based neighborhood and community parks; and 2) 0.82 acres per 1000 functional population of activity-based neighborhood and community parks within each of the Upper Keys, Middle Keys, and Lower Keys subareas. [9J-5.014(3)(c)4] Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 22 of25 1 Recreational Level of Service Standards: Activity Requirement Acres Existing Complies Required Passive 0.82 ac/ 1000 59.24 ac 97.96 Yes Park eo Ie ac Active 0.82 ac/ 1000 72,243 59.24 ac 97.96 Yes Park eo Ie ac 2 3 As demonstrated by the chart above, the County has more than enough additional 4 recreational capacity beyond the adopted level of service for recreational activities 5 potentially required as a result of the proposed zoning map designation. 6 7 Even though level of service standards are not triggered by this development, the 8 unique uses anticipated for the surrounding waters of the island and the fact that 9 over 100+ vessels are expected to be moored adjacent to the upland of Wisteria 10 Island, staff has recommended a 2 acre recreational open space be provided for the 11 occupants of the mooring fields, as well as the general public. 12 13 14 IX PUBLIC AND INTERGOVERNMENTAL COMMENTS 15 16 Exhibit F is a letter from the City of Key West which expresses concerns regarding water, 17 sewer, solid waste, transportation, police and parking. County staff is currently coordinating 18 with Key West staff to determine whether the Sub Area Policy is adequate to meet its needs 19 relative to the infrastructure that will be needed to serve the island. Exhibit G is a concurrency 20 analysis prepared by the Applicant that reviewed the proposal for consistency with the City of 21 Key West level of service standards. 22 23 Staff attended the Key West Development Review Committee (DRC) on May 27, 2010 to 24 obtain Key West staff comments and to review the policy language to ensure coordination. 25 Staff also conducted a public meeting at the Harvey Government Center on May 27, 2010 at 7 26 PM. Staff recommends the following changes to the previous Planning Commission backup 27 based upon public input from the Planning Commission meeting of May 26th, together with the 28 Key West DRC and public workshop meetings of May 27th : 29 30 . Refined the policy to protect from other offshore islands being eligible for similar 31 treatment by defining island attributes that make Wisteria unique. 32 · Increased the land required for allocated density and specified an acreage requirement - not 33 just a variable based on future land use map density and added an inspection requirement to 34 assure land and habitat are not scarified. 35 . Clarified the number of dinghy docks to be provided. 36 · Moved 35 dock spaces from permitted by right to permitted through major conditional use 37 with permanent housing. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 23 of2S 1 · Added a requirement that 30% of mooring slips be reserved for workforce housing and that 2 the rate charged be compatible to the fees charged by Key West or Marathon Boot Key 3 Harbor Mooring field. 4 . Added language to further assure that development shall not proceed without the mooring 5 field. 6 . Increased the minimum open space from 20% to 30%. 7 . Added storage vessels to be prohibited. 8 . Added a provision that exotic removal will occur within 3 years after certification of 9 occupancy for each phased area. 10 · Clarified that existing mangroves are to be preserved and the existing salt marsh area 11 impact is to be minimized or mitigated. 12 . Clarified the 2-acre open space for public access and included provisions that the 13 "Wisteria" ship be highlighted as an educational opportunity. 14 . Clarified that a fee may be charged for entrance to open space and that it be equal to Fort 15 Zachary. 16 . Refined policies related to Key West services or services to be provided by other providers 17 (FKAA or FKES). 18 . Required all infrastructure and services to be solidified and obtained prior to any permit 19 issuance. 20 . Required a parking study to be reviewed by Key West with no deficiencies to be created by 21 this development. 22 · Clarified natural shoreline prohibitions (including no sand except above mean high water 23 line) to be added. 24 · Added provisions requested by Navy staff relative to charted depth of harbor to be 25 maintained and that any moored vessel and dinghies will not interfere with military harbor 26 activities. 27 · Added a provision that allows maximum development potential of the island to be 28 decreased commensurate with the percentage of mooring spaces the developer is successful 29 in obtaining through other permitting agencies. 30 31 32 X PLANNING COMMISSION'RECOMMENDATION 33 On June 9, 2010, the Planning Commission voted to continue the Wisteria Island public hearing to 34 June 10, 2010 at 6 PM at the Harvey Government Center in Key West. Following staff and 35 applicant presentations, public input, and Board discussion, the Board voted on June 10, 2010 to 36 continue the public hearing to June 23, 2010 at 10 AM at the Marathon Government Center to 37 allow staff and the applicant the opportunity to resolve their differences regarding the allocation of 38 employee housing mooring balls and the establishment of a dedicated public open space. On June 39 23,2010, the Planning Commission voted 3-2 to recommend approval of the staff recommendation 40 to the Board of County Commissioners. 41 42 XI STAFF RECOMMENDATioN '.': ",.':','.. ,'., '. 43 Staff recommends approval of the proposed FLUM amendment from Undesignated to Mixed Use 44 Commercial, with an associated Sub Area Policy that limits the density and intensity for Wisteria 45 Island to 35 market rate units; 5 employee housing units; 35 transient uses with no more than 85 46 rooms; and 39,500 square feet of non-residential uses, which include mooring field dependent 47 uses. No upland development will be allowed until the associated 1002= slip mooring field Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 240f25 1 received a Certificate of Completion. Staff also recommends that 30% of the mooring ball slips be 2 allocated for employee housing and that a 2-acre open space area be dedicate for public access. 3 4 XII EXHIBITS 5 A. Memo that Describes the Proposal 6 B. FEB Application 7 C. FLUM Map 8 D. Map that identifies the FEB Corp property line, Depth in Feet, US Navy Restricted Areas 9 and Danger Zones, and the City of Key West Jurisdiction 10 E. Environmental Analysis 11 F. Letter from the City of Key West 12 G. Analysis of City of Key West Concurrency Requirements 13 H. Response to Planning Commission Comments 14 1. Letter from DCA dated June 16,2010 15 J. Staff response to the DCA Letter 16 17 18 19 20 21 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 25 of25 Harvey-Mitch From: Sent: To: Cc: Subject: Signed By: Kenson, Gail CIV NAVFAC SE, PWD Key West [gail.kenson@navy.mil] Tuesday, May 25, 2010 7:23 AM Hurley-Christine; Schwab-Townsley; Harvey-Mitch Demes, Ron A CIV CNRSE, N02; akimball@keywestcity.com May 25th Planning Board - Wisteria Island related agenda items There are problems with the signature. Click the signature button for details, Christine, NAS Key West is unable to attend today's Planning Board meeting due to a scheduling conflict. We have the following comments on the agenda items relating to Wisteria Island. We hope to be at the May 27th meeting and will be attending the June 9th Planning Board. Naval Air Station (NAS) Key West has the following comments based on the information available to date on the applications for Wisteria Island FLUM and Sub-area Policies. The proposal includes the development of a mooring field and the installation of underwater utilities between Sunset Key and Wisteria Island. As we understand, these areas are located within a federal harbor. Measures should be implemented to ensure the existing charted depth of the harbor is maintained. The mooring field should be situated such that any additional boat traffic from the moored vessels and dinghies do not interfere with military harbor activities and usage. The location of the mooring field, the marina on Wisteria Island and associated dockage, on the island of Key West shall not encroach upon any restricted areas in place by the military, including but not limited to Trumbo Point and Fleming Key areas. Thank you for the opportunity to comment. R, Gail Gail E. Kenson, AICP Community Plans and Liaison Officer NAS Key West PWD PO Box 9007 Key West, Florida 33040 305.293.2633 - Office 305.942.1832 - Mobile 305.293.2825 - Fax gail.kenson@navy.mil 1 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional andfair To: Townsley Schwab, Senior Director Planning and Environmental Resources Mitchell N. Harvey, AICP /J7 n Ir/- Comprehensive Planning Manager From: Date: June 29, 2010 RE: Response to DCA Letter of June 16,2010 Regarding Wisteria Island The following are the issues addressed and responses to the letter of June 16,2010 from DCA to Mayor Sylvia Murphy regarding Wisteria Island: · The proposed Wisteria Island Sub Area Policy is in conflict with policies that designate offshore islands as Tier 1. Response: The proposed Sub Area Policy exempts Wisteria Island from the Tier System of the Comprehensive Plan. The Tier System is implemented by the Land Development Code through adopted Tier maps. It was specifically developed for scoring land to received ROGO allocations. The adopted Tier maps do not include Wisteria Island, therefore it has no Tier designation. Contrary to most of the 60 private offshore islands in Monroe County, Wisteria Island does not exhibit may of the attributes of Tier 1, II, III, or IlIA. Attached is a summary document developed by Monroe County and DCA, dated December 14,2009, that outlines the characteristics of Tier I, II, III, and IlIA based on the Monroe County Comprehensive Plan and the Land Development Code. Tier I requires: 1. All or a significant portion characterized as environmentally sensitive. 2. Natural area above 4 acres in area. 3. Vacant land which can be restored to connect upland native habitat patches. 4. Lands required as undeveloped buffer, up to 500 feet. Canals or roadways, depending on width may form a boundary that removes the need for the buffer or reduces its depth. 5. Lands designated for acquisition. 6. Known locations of threatened or endangered species. 7. Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area. 8. Areas with minimal existing development and infrastructure. I J I C I - .. I ' I . Tier II (Tier II only applies to Big Pine and No Name Keys.) Tier III requires: 1. Not environmentally sensitive except for fragments of less of less that four acres In area. 2. Existing platted subdivisions are substantially developed (>50% developed lots). 3. Complete infrastructure facilities. 4. Proximity to established commercial areas. 5. Concentration of non-residential uses. 6. Development encouraged except within patches of an acres or more in area. 7. Lands outside of Big Pine Key and No Name Key that are Not Tier I shall be Tier III. Tier IlIA (SPA) requires: 1. Designated Tier III land with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Area (SPA). 2. Lands shall be delineated as Tier I, III and III-A. As you can see by the summary, Wisteria Island, being a spoil island substantially covered with exotics, makes it more difficult to classify into the Tier system. In addition, the purpose of the Tier system is to direct the allocation of density, through the County's ROGO unit allocation system, away from Tier I land. The proposed Sub Area Policy will not use the ROGO allocation system for Wisteria Island, resulting in "no net increase" of units in Monroe County. In fact, of the island was designated Residential Conservation, it would require 2 units from County ROGO which would be a net increase. . The intent of the plan since 1992 has been to limit development on offshore islands. Response: The intent of the Comprehensive Plan since 1992 was to preserve and protect sensitive natural and native habitat. Generally, offshore islands are not to be encouraged for development. Wisteria Island is a man-made spoil island that was formed when Key West harbor was dredged approximately 100 years ago to accommodate naval and merchant vessels. It is not a natural area and is predominated by exotic vegetation, primarily Australian Pine and Brazilian Pepper. In addition there are no bird rookeries that would also qualify it for protection as an offshore island, based on Policy 102.7.2(1). While the Department is accurate in the recitation of certain policies regarding offshore islands, it is important in reading the Comprehensive Plan to associate the Policy with the applicable Goal and Objective. For instance, DCA quotes 102.7.3 shall designate offshore islands as Tier I. 11 ( ,,- 'II, I However, the intent of Goal 102 is the protection of environmentally sensitive lands. While most of our offshore islands meet this standard, not all of them do. GOAL 102 Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. [9J-5.006(3)(a)] Objective 102.7 Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida Bay and Hawk Channel within the legal boundaries of Monroe County. [9J-5.012(3)(b)1 and 4; 9J-5.006(3)(b)4] Policy 102.7.1 By January 4, 1998, Monroe County shall expand its Geographic Information System to include the following: 1. offshore islands in the Upper, Middle and Lower Keys (in public and private ownership); 2. upland and wetland vegetation data for offshore islands in private ownership; 3. land use data for offshore islands in private ownership; and 4. public facilities and services. Policy 102.7.2 By January 4, 1997, Monroe County shall adopt Land Development Regulations which will further restrict the activities permitted on offshore islands. These shall include the following: 1. development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery or nesting area (See Conservation and Coastal Management Policy 207.1.3.); Policy 102.7.3 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I Lands [9J-5.006(3)(c)6] · Objective 102.7 provides that Monroe County shall regulate land use activities on the islands surrounding the waters of Florida Bay and Hawk Channel within the legal boundaries of Monroe County. II -...... I _ ! f . j. I>age] Response: Florida Bay generally ends at the Middle Keys. Hawk Channel is located along the ocean side of the Florida Keys and ends just past Boca Chica Channel. Wisteria Island is located in Key West Harbor, next to the Gulf of Mexico. Since Wisteria Island is not located in Florida Bay or Hawk Channel, this policy does not apply. . Policy 102.7.2 directs Monroe County to restrict activities permitted on offshore islands and provides that public facilities and services shall not be extended to offshore islands. Response: The proposed Sub Area Policy requires the developer to provide all necessary facilities and services at the developer's expense. It is anticipated the infrastructure connections would be made from sunset Key, where infrastructure have been extended to an offshore island from the City of Key West. The location of this island proximate to existing infrastructure from Sunset Key creates a different situation as far as existing conditions. . Goal 209 of the comprehensive plan directs the county to discourage private land uses on offshore islands. Response: While Goal 209 directs Monroe County to "discourage" private uses on offshore islands, it does not prohibit them. After analysis of compatibility, proximity of infrastructure, native habitat and environmental sensitivity, as well as the public benefit of a mooring field that could substantially improve existing conditions on and around Wisteria, Monroe County staff formulated a Sub Area Policy that would permit private development contingent on the provision of a public mooring field. These improvements would address the findings made in 2002 relative to the conditions surrounding Wisteria Island (see attached the Keys-Wide Mooring Field System Preliminary Planning Document, July 30, 2002). The Department also partially quotes Goal 209 as discouraging private land uses on offshore islands. However, Goal 209 relates specifically to the environmentally sensitive areas: GOAL 209 Monroe County shall discourage private land uses on its mainland, offshore islands and undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. [9J-5.012(3)(a); 9J-5.013(2)(a)] · Page 2-96 of the Technical Document describes all offshore islands that are not targeted for acquisition and conservation as being classified as Rural Ivl () 11 r () c C () 1I 11 t Y Ci r () \ V t h i'vI a 11 age III C 11 t D i \' i s i 0 11 P~lgC 4 Conservation with a density of 0.1 units per acre, therefore the Department concludes that the maximum allowed density for Wisteria Island is 2 dwelling units. Response: The Technical Document serves as data and analysis that supports the adopted Goals, Objectives, and Policies and the Future Land Use Map (FLUM) of the Comprehensive Plan. The Technical Document is not adopted and has no legal standing; therefore it can not be used to assign a density or intensity for any specific parcel or property. This is the purview of the Goals, Objective, and Policies, together with the FLUM. Wisteria Island presently has no adopted FLUM designation In reference to the Data and Analysis section of the Comp Plan, the intent of protection to offshore islands is based on the need to protect the natural habitats associated with the majority of the offshore islands in the Keys. The specific text from the Technical Document states: Principal habitats of these offshore islands are: (a) red and black mangrove swamps; (b) algal and halophyte marshes; (c) grass ''prairies''; and (d) hardwood-buttonwood hammocks (Enos, 1989). Offshore islands are highly dynamic as they are formed by a combination of erosion and accretion of sediments and initial mangrove colonization. The above listing of habitat types represents a general sequence of habitat development, and this sequential development can generally be correlated with the size of the island Smaller islands tend to consist entirely of mangrove swamp, whereas the larger islands tend to contain open areas and may support freshwater forests or hammocks. With regard to the RC land use, again this is aimed at the protection of sensitive environmental lands: Residential Conservation The Residential Conservation land use category includes areas of undisturbed native vegetation and environmentally sensitive natural resources, including all of the offshore islands not currently ownedfor conservation purposes. Existing development is and should remain extremely sparse in these areas due to the natural resource constraints on these lands. Development in these areas will be limited to very low density residential development in order to protect these natural resources. · The allocation of units under these categories IS also guided by the Tier designation. Page 5 Response: Wisteria Island does not have an adopted Tier designation. Tier designations are associated with the County's ROGO allocation system. No new ROGO allocations will be used to accommodate the additional units on Wisteria Island, resulting in "no net increase" of units in Monroe County. · Policy 101.13.4 provides that any parcel with a zoning category of "offshore island" shall be designated sender sites for the transfer of development rights. The Sub Area policy allows an offshore island to be a receiver site. Response: This policy outlines the zoning categories and habitat types that should be designated as sender sites. While Wisteria Island is zoned Offshore Island (OS) because of Section 101-2(13)(e) of the Land Development Code, that reads: All keys or islands without a specific land use designation shall be considered zoned as off- shore islands whether they are labeled as (OS) Offshore Islands, unlabeled, not shown on these maps, or lie beyond the areas covered by these maps. The zoning designation was not included on the Monroe County 1988 "Craig" maps or the 2007 Jouliani zoning maps. These maps ended at Cow Key Channel. The island includes 1.3 acres of wetland which, based on the Sub Area Policy, will be preserved and 1.3 acres of low quality salt marsh wetland which will be preserved or mitigated and therefore with the intent of sender sites being preservation of habitat, Wisteria does not appear to meet this definition. · A hurricane evacuation plan will be required as a condition of development approval. The hurricane evacuation model assumes that all vehicles will originate from Key West. No special accommodations that consider additional time for evacuating people leaving offshore islands has been considered in the model. Response: Reid Ewing, the County's hurricane evacuation consultant, has reviewed the proposed Wisteria Island Sub Area Policy and has determined that the impact of additional units at this location would not negatively impact Link AI, which has enough capacity to clear in 18 hours. He has indicated that capacity constraints are located further north. Since the Sub Area Policy requires the transfer of all units plus the purchase and dedication of 40 acres in the Lower Keys Planning Sub-area, it is clear no new units will be permitted and "future" allocated density on the Future Land Use Map will be removed, thus decreasing maximum build out of Monroe County. · To allow the development of 35 homes and 85 hotel rooms with affordable housing on an offshore island is contrary to smart growth initiatives adopted into the Monroe County Comprehensive Plan and may have ramifications on permitting for other more appropriately located residential development. Further, DCA recommends ROGO exempt units should be redeveloped in platted lots to reduce the County's exposure to taking claims. If, ( I - , I' : '_ Page () Response: According to the proposed Sub Area Policy, allocated density must first be transferred to Wisteria Island before any transfer of development rights is approved at an estimated ration of 2:1. This will result in the removal of allocated density on 40 acres of Tier I, II, or IlIA land to be placed into public ownership with a Conservation designation, resulting in a public benefit. This is in addition to the ROGO exempt units that must be transferred to Wisteria. Overall, this is equal to an approximate 3:1 transfer of units (or in laymen's terms, 3 existing or potential units must be transferred for every 1 unit that will be developed). · A sewer line will require approval for a submerged land exchange by the Governor and Cabinet. In the past, it has been their policy not to extend infrastructure to un-bridged islands. Response: The proposed Sub Area Policy clearly states that no upland development is allowed until the mooring field is built and issued a Certificate of Completion. According to the applicant and conference calls with DEP staff, the mooring field requires a submerged land swap and submerged land lease with the State that requires approval from the Governor and Cabinet. The submerged land required for the service transmission lines is to be included with the land to be swapped and leased for the mooring field. The applicant is aware that no upland development will occur until the submerged land swap and lease is completed and the mooring field is built. If the Governor and Cabinet do not approve these things, no upland development will be permitted. I' C : G .. I' : I Page 7 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor THOMAS G, PELHAM Secretary June 16,2010 The Honorable Sylvia Murphy Monroe County Board of County Commissioners 102050 Overseas Highway Key largo, Florida 33037 Dear Mayor Murphy: This letter is written to make you aware of the Department of Community Affairs' (Department) concerns regarding a proposed future land use map amendment currently being considered by the County for Wisteria Island that seeks to develop a spoil island near the City of Key West in conjunction with the construction of a mooring field. The Department staff participated in several meetings with Wisteria Island's consultants, county staff, and staff from the Department of Environmental Protection to explore the viability of the proposal. We provide this now so the County can take these concerns into account at this stage of the process. The applicant is proposing to develop 35 single family homes and accessory docking, 35 transient units containing 85 rooms, affordable housing and 39,500 square feet of non-residential uses. It is my understanding that Wisteria Island is not currently designated on the Monroe County Future Land Use Map and that the County will conduct a transmittal hearing on June 29, 2010 to take public comment regarding designating the island Mixed Use under a sub- area policy. Wisteria Island has also not been designated a tier overlay under the smart growth initiative. The smart growth initiative directs growth through a point system to lands designated Tier 3 and containing infrastructure including paved roads, water, and electricity. Wisteria Island has no infrastructure, therefore the island does not qualify as a Tier 3 or Tier 3A property. Tier 1 of the smart growth initiative is composed of any geographic area where a significant portion of the land area is environmentally sensitive. Policy 102.7.3 provides that Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designating offshore islands as Tier 1 lands. In addition, Monroe County staff provided testimony in the Tier Challenge lawsuit affIrming that offshore islands would be designated Tier 1. The proposed Wisteria Island sub-area policy is in conflict with policies that designate offshore islands as Tier one. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FL 32399-2100 850-488-8466 (p) . 850-921-0781 (f) . Website' 't{ww dC'L~Ul.~L~ · COMMUNITY PLANNING 650-48&-2356 (p) 650-468-3309 (I) . FLORIDA CO....UNlnES TRUST 650-922-2207 (p) aso.921-1747 (I) . . HOUSING AND COMMUNITY DEVELOPMENT 650-486-7956 (p) 860-922-5623 (I) . Mayor Sylvia Murphy Page 2 June 16, 2010 The adopted comprehensive plan contains numerous policies that address offshore islands (attached). When all the policies are considered collectively, it is clear that the intent of the plan since 1992 has been to limit development on offshore islands. Objective 102.7.1 provides that Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida Bay and Hawk Channel within the legal boundaries of Monroe County. Policy 102.7.2 directs Monroe County to restrict activities permitted on offshore islands and provides that public facilities and services shall not be extended to offshore islands. This policy limits development to detached residential dwellings and prohibits marinas and motorized vehicles. Policy 217.4.2 provides that no public expenditure shall be made for new or expanded facilities to offshore islands that are not currently accessible by road. The extension of water and sewer to the island by the City of Key West is inconsistent with these policies. Goal 209 of the comprehensive plan directs the county to discourage private land uses on offshore islands. Data and analysis included within the Monroe County Comprehensive Plan indicates there are approximately 200 offshore islands, mostly in public ownership, which are not connected to Monroe County by roads or bridges. Another 60 islands are privately owned. The data indicates that offshore islands are limited to one dwelling unit per ten acres (Table 2.5). Wisteria Island is included on table 2.5 and is not classified as a Coastal Barrier island, and is not targeted for acquisition. Page 2-96 of the data further describes all offshore islands that are not targeted for acquisition and conservation as being classified as Rural Conservation with a density of 0.1 unit per ten acres, therefore the Department concludes that the maximum allowed density for Wisteria Island is 2 dwelling units. While the proposed sub-area policy provides for the transfer of ROGO- exempt units to the island, the sub- area policy does not indicate the source of the affordable housing units or the commercial square footage. The allocation of units under these categories is also guided by the Tier designation. Policy 101.13.4 provides that any parcel with a zoning category of "offshore island" shall be designated sender sites for the transfer of development rights. Page 2-108 of the Monroe County Comprehensive Plan's Data and analysis provides additional guidance classifying off shore islands as sender sites. The sub area policy allows an offshore island to become a receiver site. The sub area policy indicates that a hurricane evacuation plan will be required as a condition of approval for development. The hurricane evacuation model assumes that all vehicles will originate from Key West. No special accommodations that consider additional time for evacuating people leaving offshore islands has been considered in the model. The sub- area policy contemplates the transfer of ROGO- exempt units to Wisteria Island as a mechanism to resolve the tier designation. Monroe County has thousands of vacant platted lots which cannot be developed and still maintain a 24 hour hurricane evacuation clearance time. Mayor Sylvia Murphy Page 3 June 16,2010 ROGO exempt units should be redeveloped on platted lots to reduce the County's exposure to takings claims if sufficient allocations are not available in the future. Redevelopment of ROGO exempt units should be directed to areas where considerable public and private funding has been allocated for the construction of wastewater treatment systems. To allow the development of 35 homes and 85 hotel rooms with affordable housing on an offshore island is contrary to smart growth initiatives adopted into the Monroe County comprehensive plan and may have ramifications on permitting for other more appropriately located residential development. The provision of sewer to the island includes a number of challenges as well. A sewer line will need to be bored through the ocean floor or constructed underneath the water. This will require approval for a submerged land exchange by the Governor and Cabinet. In the past, it has been their policy not to extend infrastructure to un-bridged islands. I hope that you will consider these concerns as you move forward in the development of the proposed plan amendment. The Department recommends that the county consider the designation of the island as Residential Conservation with a Tier 1 overlay for consistency with the adopted Monroe county Comprehensive Plan. Should you have questions regarding this letter, please call Rebecca Jetton at (850)922-1766. Sincerely, ~",,\G~ Charles Gauthier, AICP, Director Division of Community Planning CG/rj cc: David Powell, Hopping Green & Sams, P.A Christine Hurley, Monroe County Mayor Sylvia Murphy Page 4 June 16,2010 Monroe County Comprehensive Plan Policy 101.13.4 In conjunction with the evaluation of the existing TOR program pursuant to Policy 10 1.l3 .2, parcels within the following habitats and land use districts shall be designated as sender sites for Transferable Development Rights (TORs): Any parcel within these zoning categories: Offshore Island (OS) Sparsely Settled (SS) Main land Native (MN) Parks and Refuge (PR) Native (NA) Conservation (C) Habitat of the following types which lie within any zoning category: Freshwater wetlands Saltmarsh/Buttonwood wetlands High quality high hammock High quality low hammock Moderate quality high hammock Moderate quality low hammock High quality pine lands Low quality pine lands Beach/berm Palm Hammock Cactus Hammock Disturbed Wetlands Objective 102.7 Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida Bay and Hawk Channel within the legal boundaries of Monroe County. (9J-5.012(3Xb)1 and 4; 9J- 5.006(3)(b)4] Policy 102.7.1 By January 4, 1998, Monroe County shall expand its Geographic Information System to include the following: I. offshore islands in the Upper, Middle and Lower Keys (in public and private ownership)~ 2. upland and wetland vegetation data for offshore islands in private ownership; 3. land use data for offshore islands in private ownership; and 4. public facilities and services. Mayor Sylvia Murphy Page 5 June 16, 2010 Data shall be obtained using digital information made available to Monroe County through the Florida Advance Identification of Wetlands (ADID) Program and from the Florida Keys National Marine Sanctuary Management Plan program. [9J-5.006(3)(c)6] Policy 102.7.2 By January 4, 1997, Monroe County shall adopt Land Development Regulations which will further restrict the activities permitted on offshore islands. These shall include the following: 1. development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery or nesting area (See Conservation and Coastal Management Policy 207.1.3.); 2. campgrounds and marinas shall not be permitted on offshore islands; 3. new mining pits shall be prohibited on offshore islands; 4. permitted uses by-right on islands (which are not bird rookeries) shall include detached residential dwellings, camping (for the personal use of the owner of the property on a temporary basis), beekeeping, accessory uses, and home occupations (subject to a special use permit requiring a public hearing); 5. temporary primitive camping by the owner, in which no land clearing or other alteration of the island occurs, shall be the only use of an offshore island which may occur without necessity of a permit; 6. the use of any motorized vehicles including, but not limited to, trucks, carts, buses, motorcycles. all-terrain vehicles and golf carts shall be prohibited on existing undeveloped offshore islands: 7. planting with native vegetation shall be encouraged whenever possible on spoil islands; and 8. public facilities and services shall not be extended to offshore islands. r9J-5.006(3)(c)6] Policy 102.7.3 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I Lands [9J-5.006(3)(c)6] GOAL 209 Monroe County shall discourage private land uses on its mainland, offshore islands and undeveloped coastal barriers. and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. [9J-5.0 12(3)(a); 9J-5.0 I 3 (2)(a)] Policy 215.2.3 No public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. [9J-5.012(3)(c)l] Keys-Wide Mooring Field System Preliminary Planning Document Prepared by the Monroe County Department of Marine Resources July 30, 2002 Table of Contents Overview Objectives Anchorage Site Evaluations Little Manatee Bay Blackwater Sound Tarpon Basin Buttonwood Sound Rock Harbor Community Harbor Windley Key Lorelei Little Basin East Bonefish Bay South Pine Channel Saddlebunch Harbor Boca Chica Harbor Cow Key Channel Wisteria Island Anchorage Site Evaluation Summary Review of Priority Anchorage Sites Buttonwood Sound Rock Harbor Community Harbor South Pine Channel Boca Chica Harbor Overview The Monroe County Department of Marine Resources is responding to the variety of negative impacts generated in crowded Keys anchorages. These impacts include seagrass damage from ground tackle, lack of space for transient vessels, abandoned and derelict vessels, sunken vessels, marine debris, and most importantly the illegal discharge of sewage. In 2001 Monroe County successfully implemented a mooring field in Boot Key Harbor as a means of managing anchorage related boating impacts. An ordinance was approved by the Board of County Commissioners authorizing the regulation of boating activities within that mooring field, as well as future County mooring fields. Also in 2001 the Board gave approval for the Department of Marine Resources to apply for grants to fund the implementation of moorings and associated pump-out facilities for a Keys-wide system of mooring fields. The Department of Marine Resources generated a 'Project Proposal for a Keys-Wide Mooring System' which accompanied a Coastal Impact Assistance Program grant. The proposal outlined the extensive planning process involved to achieve a successful mooring field system. This 'Preliminary Planning Document' (document) is the first document generated from the initial planning process. Each of the anchorage sites that were previously determined to be problem areas was visited and a site evaluation was conducted. The following sections describe the findings of those site visits, possible recommendations, and priority levels. This document is intended to be a starting point in the planning process. Each of the problem sites should be revisited with representatives of coordinating state and federal agencies to further review the situations and determine specific goals for each site, and the mechanisms to achieve those goals. Objectives It is important that the objectives of the Keys-wide mooring field system concept are clear from the start, and that all coordinating agencies agree on the goals. The following objectives have been identified: 1) Eliminate abandoned and derelict vessels in anchorage areas 2) Provide anchorage space and minimal services for transient vessels 3) Reduce benthic damage caused by ground tackle in anchorage areas 4) Eliminate the unlawful discharge of sewage into the water column Managed mooring fields have been acknowledged by Monroe County and the Department of Environmental Protection as a mechanism, or strategy, by which these objectives can be achieved. The appropriate disposal of vessel sewage is a major priority for this program. Anchorage Site Evaluations Each of the anchorage sites, identified in prior studies, was visited for a preliminary site evaluation by the County Marine Resources Planner between 12 March and 23 April 2002 (Diagram 1). A variety of site data was collected, including: physical and biological data (depth, seagrass, etc.), cultural data (types of boats and boaters), and logistical data (where boaters access land, availability of pump outs, etc.) An 'Anchorage Site Evaluation Form' was generated for each site using the collected data. The following fifteen evaluation forms are compiled in geographic order from the upper Keys to the lower Keys. Diagram 1 \\ , \ \ , \ \, Ullle Manatee B~\\7\' . .. Blackwater Sound..... ~~, Tarpon Basin....... ~ . Buttonwood soun~' .. / communityHa;Yb~. '-~ , Rock Harbor Windley Key--""" Lorele~'-. , Ullle Basirr'; .' /' /~ /J Anchorage Sites Visited (anchorages indicated in blue) , " , ,,,?," ~~;. t " ' ----...... ,'" --. Saddlebunch Harbor I Boca Chica Harbor CaN Key Channel .// /~~ East Bonefish Bay N A Wisteria Island South Pine Channel ANCHORAGE SITE EVALUATION FORM Date: March 12. 2002 General Information Region of Keys: Upper Keys Specific Location: Little Manatee Bay Current Anchorage Population: Only 3 vessels; 2 sail. 1 power Type of Vessels in Anchorage: Typical long-term liveaboards Water Depth: 4-5' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): none identified Pumpout Facility (if any): none Parking Facilities (if any): none identified Any County Facilities or Land? No Other Facilities (if any): Manatee Marina is the primary facility in the vicinity Site Overview General Condition/Situation: Very few boats anchored. Does not appear to be any significant problem. The several boats may be storage boats. They may use the marina for access (difficult to ascertain). Preliminary Recommendations: Leave as is. No apparent problems. Priority Level: Low ANCHORAGE SITE EV ALVA TION FORM Date: March 13,2002 General Information Region of Keys: VPver Keys Specific Location: Blackwater Sound Current Anchorage Population: Five Boats Type of Vessels in Anchorage: Both sail and power in good condition Water Depth: 6-8' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): Caribbean Club and possibly Bayside Marine Pumpout Facility (if any): None Parking Facilities (if any): Possibly at Caribbean Club and Bayside Marine Any County Facilities or Land? No Other Facilities (if any): None Site Overview General Condition/Situation: On the south side of Stelrecht Pt. There are several vessels anchored adiacent to the Caribbean Club where they pay for dinghy dockage (may also use facilities at Bayside Marine). Closer to the point were several higher end vessels. probably friends of shorefront owners. This does not appear to be a real anchorage. transient or otherwise. Preliminary Recommendations: This site does not appear to be a heavily used anchorage and there are no significant problems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13.2002 General Information Region of Keys: Upper Keys Specific Location: Tarpon Basin Current Anchorage Population: Seven boats Type of Vessels in Anchorage: Mostly sail: good condition: probably transients Water Depth: 6-8' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): None apparent: most of the vessels are far from shore Pumpout Facility (if any): None Parking Facilities (if any): None apparent Any County Facilities or Land? No Other Facilities (if any): None Site Overview General Condition/Situation: There were several vessels along the eastern shoreline as well as the southwestern shoreline. Most were fairly far from shore, indicating that they are not landing anyWhere. Most likely they are all transients. Preliminary Recommendations: This site does not appear to be a heavily used anchorage and there are no significant problems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13.2002 General Information Region of Keys: Upper Keys Specific Location: Buttonwood Sound (Sunset Cove) around mml00 Current Anchorage Population: Approximately 25 boats Type of Vessels in Anchorage: Both power and (mostly) sailboats; typical long-term liveaboards as well as storage boats; many in poor condition; numerous derelict vessels. Water Depth: 6-8' Benthic Environment: Moderate seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): Most of the liveaboards access land at the end of Bay View Drive. which is apparently County property. On the west side of the dead end is Marina Del Mar Bayside. There is a small ietty and fill area where liveaboards tie UP their dinghies. There is also a dirt ramp. The resort apparently allows the liveaboards to tie up there and walk on the property (which mayor may not be County property). Liveaboards leave cars, bikes. and mopeds on the right of way at the dead end. At the west end of the anchorage some liveaboards access land via the Smilin' Island property (451-1930). Pumpout Facility (if any): None Parking Facilities (if any): Only at Smilin Island. for those liveaboards at the western end of the anchorage. Any County Facilities or Land? Just the County road (Bay View Dr.) and the right of way. Other Facilities (if any): None Site Overview General Condition/Situation: Sunset Cove is a moderately used anchorage by mostly low-end liveaboards. The location of the anchorage is likely due to the access at the end of Bay View Drive and the proximity to shopping. laundry facilities, places of work. restaurants. etc. Preliminary Recommendations: This site is a problem for a number of reasons. Due to the low-end nature of the anchorage there are derelict. sunken and unattended vessels. The liveaboards park their vehicles on the right of way. Neighbors have complained about numerous problems including vandalism, noise. and drug use. Priority Level: High. This site. if developed as a mooring field. could also be convenient for transient vessels transiting the ICW. ANCHORAGE SITE EVALUATION FORM Date: April 17. 2002 General Information Region of Keys: Upper Keys Specific Location: Rock Harbor Current Anchorage Population: 30-35 boats Type of Vessels in Anchorage: Vessels in the outer anchorage are mid to high-end cruising sailboats (30-40'). The inner. and primary anchorage is mostly lower to mid-end sailboats around 25-30', but mostly kept UP and in operational condition. There are a few power and houseboats. and only a very few abandoned or derelict vessels. Water Depth: The outer anchorage, adiacent to Rodriguez Key. 8-10' deep. The inner anchorage ranges from 5-8' deep. Benthic Environment: Seagrass. Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): The only shoreside access appears to be the end of 2nd Ave.. located between Mandalay Marina (adiacent and to the east) and the new condo (adiacent and on the west side). The road dead ends into a impromptu ramp where dinghies tie off. The area is not protected and there is no dock. Pumpout Facility (if any): There is a public pumpout facility at Rock Harbor Marina. adiacent to and east of Mandalay Marina. The pumpout charge is $5. Parking Facilities (if any): Liveaboards simply park on the right-of-way at the end of 2nd Ave. Any County Facilities or Land? The road (2nd Ave.) is County. all the way to the ocean. Other Facilities (if any): There are several facilities in the area. but none that currently serve the liveaboard community. The pumpout facility at Rock Harbor Marina is there to serve the public. but is not currently used by the boaters in the anchorage. Site Overview General Condition/Situation: The Rock Harbor anchorage has light to moderate use by both local liveaboards and a few true cruisers. There are two distinct anchoring areas: the outer anchorage behind Rodriguez Key which is used by transients as a stopover; and the inner anchorage closer to shore which is utilized almost exclusively by liveaboards. The liveaboard community at this anchorage does not appear to cause a large problem. Most of the vessels observed appeared to be in working condition and are often used for sailing as well as a home. There are only a few run-down. abandoned. or sunken vessels. The significant problems noted were the lack of proper sewage disposal. the lack of appropriate dinghy dockage. and a lack of appropriate parking. There have been no significant complaints about these problems. However. the Public Works Department reported that due to a few complaints about parking they installed 'no overnight parking' signs on the east side of 2nd Ave. The existence of the public pump out facility at Rock Harbor Marina could be utilized to alleviate the sewage issue. As far as dinghy dockage, if the County chooses to provide dockage it may be possible to do so utilizing the public property at the end of 2nd Ave. However, there is little room for a dinghy dock and no real appropriate parking area. Preliminary Recommendations: This anchorage area has existed for many years and is apparently geographically convenient for both local and transient boaters. Although it may be possible to close down the end of 2nd Ave. to access for dinghies or parking to eliminate the anchorage, that is probably not a good solution. Considering that there is an existing pumpout facility and County property (2nd Ave.) adiacent to the anchorage, the County should further investigate possible scenarios for providing proper infrastructure without developing the anchorage and increasing the number of vessels and associated impacts. Priority Level: Moderate. ANCHORAGE SITE EVALUATION FORM Date: March 20, 2002 General Information Region of Keys: Upper Keys Specific Population: Community Harbor: MM 91.7 Current Anchorage Capacity: Approximately 20-25 boats Type of Vessels in Anchorage: Both power and (mostly) sailboats: typical long-term liveaboards as well as some storage boats: many in poor condition: numerous derelict vessels: some sunken and abandoned vessels. Water Depth: 4-5' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): Idle SpeedINo Wake Site/Facilities Information Landing Facility (if any): Vessels use the facilities at Mangrove Marina (852-8380), if they so choose. Steve Kurtz and Bernard Chiles are the co-owners. The marina management charges vessels for use of the facilities which includes dinghy dockage, laundry, showers, parking, etc. They currently charge $125-200 per month, depending on the size of vessel and number of occupants. Pumpout Facility (if any): Mangrove Marina has all their docks plumbed, as well as a pumpout station at the fuel dock ($15 per pumpout). The pumpouts are not used by the anchor-outs. Parking Facilities (if any): Parking is provided at Mangrove Marina in their fee. Any County Facilities or Land? None Other Facilities (if any): None Site Overview General Condition/Situation: Community Harbor is a well defined harbor, bounded by the shoreline and the mangrove fringe. A County marked channel marks the entrance to the harbor, with a controlling depth of 4'. The entire harbor area is an idle speed zone. The harbor has been a light to moderate use anchorage for many years, primarily used by low-end localliveaboards. Many of the vessels scour the bottom or rest on the bottom. This site has the typical anchorage problems including ground tackle damage, derelict and abandoned vessels, and illegal sewage dumping. The new marina owner has upgraded and improved the facility, which now offers it's services to the anchor-outs. Management supports the implementation of a mooring field. Preliminary Recommendations: The problems in the anchorage could be minimized by putting vessels on moorings and requiring routine pumping out. The existing infrastructure at the adiacent marina would facilitate the implementation of a mooring field. It would be necessary to work out an arrangement between the County and the marina for management of the anchorage. The facility could also accommodate shallow draft cruising vessels. Priority Level: High ANCHORAGE SITE EV ALVA TION FORM Date: March 27. 2002 General Information Region of Keys: Upper Keys Specific Location: Windley Key (bayside); mm 84 Current Anchorage Population: 10 boats Type of Vessels in Anchorage: Both sail and power vessels. and several floating structures. All in poor condition. some abandoned. Several sunken vessels and several tied UP to mangroves. All appear to be either local liveaboards or storage vessels. Only three of the vessels were floating and in any decent type of condition. Water Depth: 4-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): N/ A Site/Facilities Information Landing Facility (if any): There are absolutely no facilities including shoreside access. Boaters dinghy into a small break in the mangroves adiacent to US 1. Pumpout Facility (if any): No facilities Parking Facilities (if any): None. Boaters either walk or leave bikes in the mangroves. Any County Facilities or Land? None Other Facilities (if any): This site is directly across US 1 from Holiday Isle Marina and Resort. Site Overview General Condition/Situation: This has always been a low-end anchorage and storage site for local boaters. All vessels at the site are in disrepair and should not be on the water. Many appear to have gone from liveaboards. to storage vessels. to sunken vessels. There are no facilities to make this a convenient anchorage. Liveaboards probably find this site amenable due to the somewhat hidden location of the anchorage and few people notice it. as well as the easy/unregulated access through the mangroves. Preliminary Recommendations: This site is totally inappropriate as a liveaboard anchorage. and is treated as a dumping grounds for old vessels. If not for the access through the mangroves the site would probably not be used at all. It is however a convenient and aesthetically pleasing site (if cleaned up) for cruisers transiting the ICW. As no facilities are available, it would be an excellent one or two night stopover for cruisers that require no facilities. including landing. A recommendation would be for the Village of Islamorada to shut off the mangrove access to anyone. remove all the derelict/sunken vessels and simply allow this small harbor to be used by transient vessels. Those vessels would be entirely on their on with no facilities or land access. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: March 27.2002 General Information Region of Keys: Upper Keys Specific Location: Big Basin/Lorelei (bayside); mm 82 Current Anchorage Population: Ap{>roximately 50 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels. Both transient and local liveaboards. Most vessels in moderately good condition. Water Depth: 6-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): There are several marina facilities in the vicinity of the anchorage site. Although not confirmed. boaters probably utilize the Lorelei and some of the other facilities for shores ide access as well as for dining and entertainment. Pumpout Facility (if any): None Parking Facilities (if any): Whatever parking is provided at the adjacent marinas that allow dinghy dockage. Any County Facilities or Land? None Other Facilities (if any): the various marina facilities adjacent to the anchorage. Site Overview General Condition/Situation: This is a significant anchorage site that appears to be utilized both by local liveaboards as well as true transiting cruising vessels. Many of the vessels (particularly in the eastern portion of the anchorage) are higher end cruising equipped vessels that are well kept. The lower end vessels generally are at the western end of the anchorage. and along the mangrove fringe. The local liveaboard vessels appear to be both mid and low-end. with some storage vessels and a few abandoned vessels. Preliminary Recommendations: This site has been a heavily used anchorage for many years. probably due to the proximity to the Iew as well as local sho{>{>ing and establishments in this popular area of Islamorada. The anchorage is not nearly as bad as some overcrowded anchorages. The majority of the boats appear in good condition. This would make an excellent managed mooring field that could serve localliveaboards as well as the cruising yachtsman. If developed this anchorage could become a prime destination (or stay-over) for high-end transients. However. that decision will probably be up to the Village of Islamorada. Priority Level: High ANCHORAGE SITE EV ALVA TION FORM Date: March 27, 2002 General Information Region of Keys: Upper Keys Specific Location: Little Basin (baYside)~ mm 81 Current Anchorage Population: Ap?roximately 15 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels, including a few houseboats. No transients. all low-end localliveaboards or storage vessels. Water Depth: 3-4' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): There are several marina and resort facilities located on the shore of Little Basin. None of these facilities. however. are likely to allow dinghy dockage for the low- end boaters. Most of the vessels are in very poor condition and up in the shallows. some tied to mangroves. It doesn't appear that many ofthe vessels are actually used for living aboard. Pumpout Facility (if any): World Wide Sportsman Parking Facilities (if any): Whatever parking is provided at the adjacent marinas/resorts that may allow dinghy dockage. Any County Facilities or Land? None Other Facilities (if any): the various marina facilities and resorts adjacent to the anchorage. Site Overview General Condition/Situation: Little Basin is not a heavily used anchorage. primarily due to the lack of depth (less than 3 '). Most of the vessels that are anchored should probably not be in the water. and are certainly not good for the environment. Preliminary Recommendations: This site should not be considered for an anchorage. due to the shallow controlling depth throughout the basin. This site should be shut down from allowing vessel anchoring. The Village of Islamorada also has jurisdiction in this area. Priority Level: Low ANCHORAGE SITE EV ALVA TION FORM Date: April 17. 2002 General Information Region of Keys: Middle Keys Specific Location: East Bonefish Bay Current Anchorage Population: 12-15 boats Type of Vessels in Anchorage: All of the vessels anchored are very low-end liveaboard vessels. including: sailboats. powerboats. houseboats. and floating structures. There are many sunken. abandoned and derelict vessels. Water Depth: 2-8'. The harbor is dredged along the developed shoreline. but quite shallow throughout the harbor itself. Most of the harbor was historically a shallow mangrove fringed lagoon. Benthic Environment: Sparse seagrass. Turbidity is high. visibility and light penetration is low. leading to a lack of thriving seagrass beds. Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): The perimeter of the lagoon along the residential shoreline is idle speed/no wake. Site/Facilities Information Landing Facility (if any): Few of the vessels anchored appear to be actually used and live on. Those few that are actualliveaboards apparently dinghy into the docks at one of the fish houses. Pumpout Facility (if any): The only pumpout facility in the vicinity is at Marie's Yacht Harbor. which is over a half-mile away. Parking Facilities (if any): If any of the liveaboards have vehicles they apparently leave them parked at one of the fish houses. Any County Facilities or Land? None Other Facilities (if any): There are several fish houses and docking facilities located on the western shoreline of the bay. These fish houses supply dockage to commercial fishermen. but have absolutely no facilities for anchor-outs. Site Overview General Condition/Situation: East Bonefish Bay appears to be a relic of what once was a lightly used liveaboard anchorage. Most of the bay is extremely shallow and inappropriate for anything other than overnight anchoring of shallow draft vessels. People have left a variety of low-end vessels and floating structures anchored out for storage and a few liveaboards. None of the vessels are in any kind of functioning condition and all are creating an environmental impact. This anchorage is similar to what was found in middle Bonefish Bay some years back, which the City of Key Colony Beach put an abrupt end to. Preliminary Recommendations: This anchorage falls under the iurisdiction of the City of Marathon. All sunken and derelict vessels should be removed. The City of Marathon should consider a policy of no liveaboards in East Bonefish Bay, as the bay is not appropriate as an anchorage of any kind. Priority Level: Moderate ANCHORAGE SITE EV ALVA TION FORM Date: March 27,2002 General Information Region of Keys: Lower Keys Specific Location: South Pine Channel (oceanside); mm 29 Current Anchorage Population: Approximately 20 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels. Mostly low-end liveaboard vessels. storage vessels and a few houseboats and small commercial fishing vessels. Many of the liveaboard vessels are in disrepair. some obviously incapable of navigation. There are numerous abandoned and sunken vessels. There are. however. a few moderate to high end transient vessels located further out in the anchorage. Those vessels likely stay over iust for a few nights without accessing shore. Water Depth: 2-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): The only facility adiacent to the anchorage site is the 'swimming hole' basin located off of US 1 at the foot of the bridge. This is a deep draft basin suitable for landing. Liveaboards dinghy into the basin (a few dinghy straight to the causeway) and most have bicycles they leave in the mangroves along the causeway or at the basin itself. There appear to be no other shoreside access points in the anchorage vicinity. Pumpout Facility (if any): none Parking Facilities (if any): None. The USFWS manages public properties In Big Pine. including the 'swimming hole' parceL and do not allow parking at night. Any County Facilities or Land? The State purchased the parcels adiacent to US 1 and the 'swimming hole' several years ago. The 'swimming hole' appears to be quite suitable as a boat basin. and for the implementation of any infrastructure. However. there is a 3-4' controlling section at the mouth of the boat basin which currently prohibits use as a turning basin for most sailboats. The shallow controlling depth also makes permitting of docks or a boat ramp difficult. Other Facilities (if any): Dolphin Marina is on the opposite side of South Pine ChanneL but management at the marina has no desire to provide pumpout facilities or accommodate the liveaboard boaters. Site Overview General Condition/Situation: The South Pine Channel anchorage is an unusual situation. There is a deep draft basin adiacent to the anchorage field. but the field itself is quite shallow ranging from 2-8'. The bottom topography is not homogeneous. There appears to be a slightly dredged area (~5') iust outside of the basin. but there are numerous shoals all around the dredged area. There is no one area of significant size that would accommodate deep draft recreational vessels or a mooring field. Probably the only reason there are vessels in the area at all is because the basin ('swimming hole') is there which provides a landing for dinghies. Low-end liveaboards typically utilize any possible shoreside access, and at this site they have exploited the access that is there. Installing pumpouts at the basin would not be practical because (if the vessels were in a navigable condition) the controlling depth would prevent most sailboats from entering the basin. A pumpout barge would be a practical alternative. but unless the boats are on managed moorings. effective pumt>outs likely would not haPt>en. A managed mooring field may not be a viable ot>tion due to the lack of depth throughout the area. There is an additional problem at the site due to the power lines on the south side of the bridge. Vessels have been known to drag anchor into the wires causing a hazardous situation. Preliminary Recommendations: Upon initial review it appears that the only feasible option is to eliminate the anchorage via eliminating the shoreside access. This anchorage needs to be studied further to consider more options. Water det>ths are a critical issue. Priority Level: Moderate ANCHORAGE SITE EV ALVA TION FORM Date: April 16. 2002 General Information Region of Keys: Lower Keys Specific Location: Saddlebunch Harbor Current Anchorage Population: Three boats Type of Vessels in Anchorage: Only three vessels were seen. Two sailboats and one power boat. all under 25'. None appeared to be permanent liveaboards. more likely stored boats. Water Depth: 5-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any):None Pumpout Facility (if any): None Parking Facilities (if any): None. Vessel owners may possibly use the Shark Key boat ram? as access. and tie dinghies u? in mangroves. Any County Facilities or Land? None Other Facilities (if any): None Site Overview General Condition/Situation: Although at times there have been a dozen or so vessels anchored in Saddlebunch Harbor. there are only a few currently anchored. There does not appear to be any problem or impacts from those few vessels. Preliminary Recommendations: Nothing needs to be done in this area. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: April 16, 2002 General Information Region of Keys: Lower Keys Specific Location: Boca Chica Harbor Current Anchorage Population: 100-130 boats Type of Vessels in Anchorage: Most of the vessels in the anchorage are localliveaboards, many low-end vessels in poor condition. Many vessels are storage boats, some partially dismantled, and many sunken. There is a group of small commercial fishing vessels in the northwest anchorage area. There are some moderate to high end vessels as well, mostly sail. There are numerous power vessels, including houseboats, mostly in poor condition. At the southern end of the area is a grOUp of larger cruising sailboats in good condition (these appear to be vessels that may be transient). Water Depth: 2-8'. The harbor has a complex system of shoals which breaks the anchorage into pockets of vessels. Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): There are a number of landing sites. Peninsula Marine at the southeast tip of Stock Island has dinghy dockage and facilities (296-8110), as well as sailboats on Mediterranean moors in their boat basin. Dinghies were also seen along the seawall and on docks along the east side of Stock Island and next to Munro's Marina. There appears to be a variety of shores ide accesses, depending where the vessels are anchored in the harbor. Pumpout Facility (if any): Unknown. Possibly at Peninsula Marine. Parking Facilities (if any): There appears to be parking at the trailer parks on the eastern shoreline of Stock Island where dinghies were seen. Parking is also provided at Peninsular Marine. Any County Facilities or Land? None Other Facilities (if any): There are numerous marinas, fish houses, a campground and other facilities on the eastern side of Stock Island. This site needs to be researched further to better determine shoreside accesses and facilities. The facilities must be there or the boaters would not be. Site Overview General Condition/Situation: The Boca Chica harbor anchorage area is a significant anchorage, second in size only to Christmas Tree Island and possibly Boot Key Harbor. The anchored vessels are spread out over a very large area. Different tyPes of vessels (fishing boats, house boats. cruisers. sail/liveaboards) appear to anchor in particular areas of the harbor. More research needs to be conducted in the harbor to determine the rhyme and reason for the anchoring patterns and the association to shores ide facilities. Preliminary Recommendations: Boca Chica harbor has a large anchorage with all the associated negative impacts. The anchorage appears to be highly suitable as a managed anchorage/mooring field. More work needs to be done in the area to determine what facilities are along the shoreline. where the boaters need and use these facilities. and how best to develop the facilities to support the anchorage in coordination with the County. Priority Level: High ANCHORAGE SITE EV ALVA TION FORM Date: April 23. 2002 General Information Region of Keys: Lower Keys Specific Location: Cow Key Channel (north and south) Current Anchorage Population: 50-60 boats Type of Vessels in Anchorage: Nearly all of the vessels anchored adjacent to Cow Key Channel (also considered the Houseboat Row area) are very low-end boats and floating structures. There are sail and power boats. houseboats. structures. parts of boats, modified boats, etc. There are numerous D/V's, abandoned boats. storage boats, and sunken boats. There are also about eight sailboats anchored adjacent to the northern extension of Cow Key Channel (these boats are low- end but not as bad as the boats in the main anchorage area). Water Depth: 2-5'. Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): the anchorage is just south of the Cow Key Channel slow speed zone. Site/Facilities Information Landing Facility (if any): Most of the liveaboards dinghy into the seawall and tie up in the mangroves adjacent to Houseboat Row. Pumpout Facility (if any): None Parking Facilities (if any): There are no real facilities available to the liveaboards and no parking. Any County Facilities or Land? None Other Facilities (if any): There are several marina facilities across the channel from the anchorage area. on the western shoreline of Stock Island. These facilities do not service the anchorage in any way, and none have ?umpout facilities. Site Overview General Condition/Situation: The anchorage at Cow Key Channel is probably the most inappropriate of all the anchorages observed. There is not enough depth in any ?art of the anchorage suitable for anchoring. with many vessels resting on the bottom through part of the tidal cycle. There are no appropriate facilities for the liveaboards. including shoreside access. Most of the vessels are in deplorable condition. Many vessels are just abandoned after they no longer suit the needs of the owner. The bottom has been denuded in the area due to the scouring from ground tackle. and there is much marine debris scattered about. Preliminary Recommendations: Cow Key Channel is not. and never will be. an appropriate area for anchoring (particularly for long-term) primarily due to the lack of depth. Every attempt should be made by the City of Key West to regulate this area and through regulations make all the anchored vessels relocate or be disposed of. The marine debris should be removed. Most of the vessels in this area are not functional. nor do they conform to state and federal safety and environmental regulations. Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: April 23. 2002 General Information Region of Keys: Lower Keys Specific Location: Wisteria Island/Fleming Key anchorage area Current Anchorage Population: 250-400 boats Type of Vessels in Anchorage: Mostly liveaboards on everything from low-end sail and power boats. modified vessels, and floating structures to mid and high-end sailboats. There are several dozen vessels. mostly sail. in good condition that appear to be true cruising boats located in particular areas of the larger anchorage area. There are numerous DN's. abandoned and sunken vessels as well as marine debris scattered around the shoal areas. There are numerous old boat hulls washed up on the shore of Wisteria Island. There are also a handful of charter sailboats. Water Depth: 2-15'. Benthic Environment: Mostly seagrass Bottom Type: Mostly soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): It was difficult to determine from the preliminary survey where boat owners dinghy into shore. There are a number of marina facilities located along the western shore of Key West that may provide dinghy dockage and other services. However, for most of the anchorage area that would be a long dinghy ride which would include crossing the busy main channel with much boat traffic. Vessels are anchored all along the western shoreline of Fleming Key. however the land is a restricted area and landing is not allowed. There does not appear to be suitable facilities for shoreside access for the several hundred vessels anchored in the area. Pumpout Facility (if any): Several of the marinas in Key West have pumpout facilities. Parking Facilities (if any): Parking could not be determined from the preliminary survey. Any County Facilities or Land? None Other Facilities (if any): N/ A Site Overview General Condition/Situation: The Wisteria Island/Fleming Key anchorage area appears to be the largest and most problematic anchorage in the Keys. The anchorage area. which covers several miles. appears to be comprised of several smaller anchorages that overlap somewhat. Different tyPes of vessels and accompanying lifestyles were observed from one specific area to another. The dozen or so vessels anchored between Wisteria Island and Sunset Key appear to be mid to high-end true cruising vessels anchored in appropriate depth water. This location is close to the ships channel and real cruising grounds. and the vessels appear to be cruisers. On the north side of Wisteria the water is quite shallow in areas. with vessels in the worst condition tyPically in the shallows and vessels in better condition in the dee?er water to the west and northwest of the island. Almost all vessels in these areas appear to be localliveaboards. Just across Man of War Harbor. another hundred or so mostly low-end vessels are anchored adiacent to Fleming Key. with a few true cruising boats at the southerly end of that anchorage. At least half of the vessels anchored throughout the larger anchorage area are inoperable and in terrible condition. many iust waiting to be abandoned or sunken. Preliminary Recommendations: This enormous anchorage grounds is truly out of hand. The area is in dire need of management and enforcement of regulations. There are probably hundreds of DN's. abandoned and sunken vessels to be removed at the expense of the public. There are plenty of marine facilities in the area that could possibly be developed to provide services to the liveaboard and cruising community. It seems feasible that the City of Key West could further develop it's mooring field system to provide suitable managed moorings to operable vessels. both cruising and liveaboard. The cruising community would probably welcome a system of moorings. pumpout services. shoreside access and information. Dealing with the local liveaboards will be a larger issue. Wisteria Island itself looks like a feasible location for facilitating management and providing limited services. The City of Key West should continue with studies to further evaluate the anchorage area and pursue developing a master plan to address the problems. Priority Level: High Anchorage Site Evaluation Summary Of the fifteen anchorage sites evaluated only ten sites were considered to be a moderate or high priority in regards to significant problems that need to be addressed through some level of anchorage management (Table 1). The five sites determined to be a low priority had very few vessels anchored (seven or less), with few boating impacts observed, and no history of reported problems or complaints. Those five sites do not need to be considered for any further planning or review for the purposes of a Keys-wide mooring field system at this time. Anchorage Site Little Manatee Bay Blackwater Sound Tarpon Basin Buttonwood Sound Rock Harbor Community Harbor Windley Key * Lorelei * Little Basin * East Bonefish Bay ** South Pine Channel Saddlebunch Harbor Boca Chica Harbor Cow Key Channel *** Wisteria Island *** Table 1. MANAGEMENT NEEDS PRIORITY LEVEL High Moderate Low x X X x x x x X X X X X X X X * indicates anchorage sites within or adjacent to the jurisdictional boundaries of the Village ofIslamorada ** indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Marathon *** indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Key West The ten anchorages listed as moderate or high priority sites were found to have a greater population of vessels and were observed to have some significant boating impacts that need to be addressed. Five of those ten sites are within or adjacent to the jurisdictional boundaries of an incorporated area, and any further studies or recommendations for those sites should be left to the discretion of the management of those cities (i.e. Village of Islamorada, City of Marathon, and the City of Key West). This document should be provided to those cities for their review. The remaining five anchorage sites (denoted in Table I with a bold X), which are located within unincorporated Monroe County, were observed to have a considerable number of vessels and associated boating impacts, and are reviewed further in this document and recommended to be included in the subsequent planning processes. Review of Priority Anchorage Sites The anchorages at Buttonwood Sound, Rock Harbor, Community Harbor, South Pine Channel, and Boca Chica Harbor were determined from the site evaluations to be moderate to high priority sites. These five anchorages complete the list for sites that merit further research, planning, and possible development as a managed anchorage or mooring field (at this time). Table 2 provides a breakdown of some of the general findings at each site. Table 2. ANCHORAGE SITE GENERAL FINDINGS Number Landing Pumpout Derelict Water Used by Anchorage Site of boats facility facility problem depth transients Buttonwood Sound 25 none none yes 6-8' no Rock Harbor 30-35 none yes yes 5-10' yes Community Harbor 20-25 yes yes yes 4 -, yes -) South Pine Channel 20 none none yes 2-8' yes Boca Chica Harbor 100-130 none none yes 2-8' yes The one problem that each of the five anchorages has in common is derelict vessels. Every anchorage in the Keys that is home to localliveaboard boaters generates derelict, abandoned and sunken vessels. Four of the five anchorages were noted to have similar vessel population levels (20-35). Boca Chica Harbor, however has over one hundred vessels and the greatest liveaboard impacts. Although only four of the five anchorages were found to be used by transients, all of the anchorages are adjacent to either the Intracoastal Waterway (ICW) or Hawk Channel. The anchorage that did not have a significant number of transients (Buttonwood Sound) probably would be utilized by cruisers (transients) if facilities were available and the anchorage was not overrun with liveaboards. Three of the five anchorages are located on the oceanside (Rock Harbor, South Pine Channel, and Boca Chica Harbor) and range from the upper Keys to near Key West. Two of the anchorages (Buttonwood Sound and Community Harbor) are located on the bayside in Key Largo. Two existing managed anchorages (mooring fields) are located in Boot Key Harbor in the middle Keys and at Garrison Bight in Key West. Each of those mooring fields is accessible from both the ocean and bay sides. The development of the five anchorage sites would result in a system of managed anchorages/mooring fields spread throughout the Keys, accessible to transients cruising both the oceanside and bayside. Such a system would not only provide secure anchoring facilities, but convenient legal pumpout access as well. Diagram 2 indicates both the current managed mooring fields and the location of the five anchorages listed above. This diagram illustrates the connectivity of a proposed managed anchorage/mooring field system, which would be convenient for the typical transient who cruises between 20-40 miles per day (meeting the objective ofDEP's Anchorage Program). Diagram 2 '..\ Existing and Potential Managed Anchorage Sites (potential managed anchorages indicated in blue existing managed mooring fields indicated in red) \\1 \, ' " '-... \ \ ~- ' Buttonwood sOtJn~' _ " Community Harb~ Rock Harbor / ,r .-ft;-- G'''i~"e;gh'" _ \~/_~/ ~, Boot Key Harbor ....-/~ . South Pine Channel " N A Boca Chica Harbor Buttonwood Sound Like many liveaboard anchorages, the anchorage at Sunset Cove on Buttonwood Sound is utilized due to the convenient (and free) access to land. Although some of the boaters pay for dinghy dockage at Smilin' Islands (located adjacent to the western end of the anchorage) most of the boaters exploit the access at the dead end of Bayview Drive (adjacent to the eastern end of the anchorage). Because this is not a formal landing this utilization has resulted in neighborhood problems, including: vehicles parked on the right of way, litter, petty thefts, loitering, dinghies tied along the shoreline, etc. There are similar impacts on the water, including: abandoned and derelict vessels, sunken vessels, drug use, seagrass damage, and of course the illegal discharge of waste. This is a very low-rent anchorage, with most of the vessels in poor condition (leading to abandoned and sunken vessels). Just this year a boat was set on fire by juveniles and sank. Sunset Cove is adjacent to the IeW. Although it is only lightly used by transients, it would be a convenient anchorage if minimal amenities were provided. It may not be practical to develop the end of Bayview Drive for dinghy dockage and pumpout provisions, as this is a residential neighborhood. It may be possible to work with the proprietor/owner of the Smilin' Islands property to upgrade their existing dinghy dockage and provide pumpout service, either through the installation of a pumpout system or use of a pumpout barge. The County could arrange an agreement with the management to manage a small mooring field. The problems at Bayview Drive could then be addressed via the installation of a barrier at the end of the road to prevent launching, and a prohibition on overnight parking (which has already been done at Rock Harbor). Developing the existing facilities (Smilin' Island) and cutting off use at Bayview Drive appears to be a feasible alternative to the existing conditions. A small managed mooring field would reduce the current impacts as well as serve transient vessels cruising the ICW. Rock Harbor Rock Harbor is the northernmost liveaboard anchorage on the oceanside of the Keys. In addition to the liveaboards, Rock Harbor also provides anchorage to transients who regularly anchor in the lee of Rodriguez Key as a stopping place. Like the Buttonwood Sound anchorage, the shoreside access at Rock Harbor is simply where a County road (2nd Ave.) meets the ocean. Unlike Buttonwood Sound, however, this is not primarily a residential neighborhood. Second Ave. is adjacent to several marinas (Mandalay Marina and Rock Harbor Marina) and a short distance from a boat yard, making the area more appropriate as an anchorage. Although not currently utilized by vessels in the anchorage, Rock Harbor Marina does provide pumpout services to the public for $5. The anchorage appears to be used by both low and high-end vessels. Although derelict and abandoned vessels are not as great a problem here as in some Keys anchorages, the problems do exist. Dinghy dockage and parking appear to be the most obvious problems. There is no appropriate tie off for dinghies, and the County has created a 'no overnight parking' ordinance to address the problem of vehicles left along the right-of-way. As with the situation at Buttonwood Sound, it is probably not practical to develop the end of the road for shoreside services. However, the possibility for exploiting the marine services at either Mandalay Marina or Rock Harbor Marina to help provide dockage, parking, and pumpouts to the anchor-outs may be a feasible alternative. As with any other anchorage area, managed moorings may be the only means to ensure that vessels utilize approved pump out facilities. Community Harbor On the opposite end of the spectrum from Buttonwood Sound and Rock Harbor is Community Harbor. All necessary services and amenities already exist and are accessible at Mangrove Marina. Although relatively shallow, Community Harbor has historically attracted low-end vessels, resulting in the typical derelict/sunken vessel problems. The harbor is adjacent to the ICW, and many conveniences are a short walk from the marina in the main section of Key Largo. The marina owner/management has already indicated a desire to have moorings installed to help alleviate the negative impacts from the resident liveaboards in the harbor. This anchorage appears to be a managed mooring field waiting to happen, and would only require a detailed management agreement between the County and Mangrove Marina to have the marina collect mooring fees and oversee pumpouts. South Pine Channel Pine Channel, on the south side of the bridge, has long been an anchorage to low-end local liveaboards. Like at Buttonwood Sound and Rock Harbor, the boaters have located here due to the proximity to an easy and free land access. Unlike the other locations however, the land access is not the end of a road but a dredged boat basin (known locally as the swimming hole). Although controlling depths are quite shallow, the boat basin has great potential for the installation of basic infrastructure to serve a mooring field. The 'swimming hole' was obtained through the CARL Program and may soon be transferred from the State to the County. Dinghy dockage could easily be built and pumpout facilities could be implemented via pumpout equipment or a pumpout vessel. Although there are currently a minimum number of vessels using this site, it would be prudent to move ahead with some level of management, as the numbers and impacts fluctuate frequently. Problems with boat masts hitting the overhead powerlines is an additional incentive to provide safe, secure moorings. Boca Chica Harbor Boca Chica Harbor is by far the most heavily used of the five anchorages recommended for management. Controlling depths are not a problem for mooring installations, and would curtail the seagrass damage occurring in the shallower areas. Although similar in use to the before mentioned sites boaters utilize a number of locations for dinghy landing, making it difficult to ascertain how and where to best provide shoreside facilities. This anchorage is probably the most appropriate for development into a managed harbor due to the extensive use and high level of impacts. In addition, a significant number of transients utilize the harbor as a stopover, which is convenient to Hawk Channel. If an appropriate site/parcel could be found along the western shoreline for the County to possibly purchase and develop then all services could be provided in one location. The size of the harbor, the usage, and needs are very similar to Boot Key Harbor. Like Boot Key Harbor this would be a large, long term project and commitment by the County. ... C (I) E ~ co Q.l.... (1)._ c~ fA "0 (I) c: ~ co ::s- o co fA 5 (1).- o::~ c;~ "'e cQ.. (I) Eo) c.S; e ~ .- (.) > (I.) .fi.Q ~.8 C)~ c't:: .2 ...... C CI) ~~ u , , t: Q)ca& Y)a::~ ::) ~ "O~Cii t: ..... ..... ca ~ ~ ......Q)Q) e .c:: e ~ e e :; ~ 0 ~ 1('-0:::: Q) 0 Q) 0 .c:0Y)Q.. "'C)::)ca S~"Oe ....~CD'C( ibi.a ~50~ t:O"""ca CDO"04:; ~ (I)... '- Q) 1; .~ q: e t: ;:i t:....o, ca 0 .ii) 5:E.! 't;.Q)~ ~.c:.e U)....w Q) 'I.... ~ ::s 0 '- 0-"0 Q) c;- II;. a:::E~ ~ t: .!! .!!! ca .t: ,! U) ~ ~ Q) c C .0 0 ~ .- . - ..... o Q) I! ~ a.. 0 o-"c. N ~ ~ .. ... c 0 .~ N .~ ~ ~ - 1,61 Q)~ 8:w Q) ::s <( LL ~.., ~ CD C) ca c ca :IE C) c .- c c ca - D. CD > .- tn C CD .c ! c. E o o ... D. olCC ... ~ CD ~ ca ::J: . Z - - CD ...c ~ u CO;!: "Z>:IE , , ; , +' C (I) E ~ co Q, (I),l.... c~ UI-o (I) t:: ~ (\) ~- o (\) UI a (1)'- O:::CI) CI) c;;~ ce "'C+-' (l)Q.. c: en Eo) co Q) C t:: ES o't:: .= (\) c . . > 0 o ~ ~ C Q.) 0 . . =Q) CD w..o C o~ .c ~.E -- s.... 0 al~ E ... 0 .- 0 0 C)~ cu ..c ... ~"'C ~ 0 s.... Q. Z 0 C't:: (.) .- co c: .- co ~ 0 c..... al co C CI) 0 I CJ S 0 fA ~ - 0 co Q.) . . +-' 0 en S a:~ ..J fA en CD I 0 fA Q) C Ci3~ fA L() CD ! $ - t) 0 W m ns s.... c.. ('I) "C COC/) - C\I ... ~ C) ns -- "C Q) CD c.. CD T""" en <C ~ ..J <( ~ 0 0 ~"'~'.. ~." ....~' '~' ,,:'., ~.~ . . ... tm.-~'W / . ;ir~ ~ .,-?>~ ...... c (I) f cu Q. (I),~ c- ~ tn"O (I) t:: ~ co ::s- o co tn t:: (1),0 o::Ci) CI) c;;~ ce (l)Q.. Ed) Oc ,t:: t:: .= co > (.) C Q.) W.Q ~.E ~~ .- 't:: c..... C CI) a:~ c o .- .. ca E ... ~ C - -C C ::1 o ... ~ (.) ca m -g '0 ~.9 co T"'" 0) _ ('I) CJ) ~ "'CO) - CJ) . 0) ~ ....!. .- T"'" L;. .............. = '+- '0 ..c: ~ !Il ~ co 10 0 ....... ,,, VI a -:> L... . ~'_ C C > m 00 00 3=~ :J 00 co"O..c: m _ .-. en . .- ~ 0 _ . - 1;:-aO)-~ 0) 0) T"'" .. ....... ,,, - ~ ,c "0 ~ mOw >. 0 .Q ll. c ~- :: .0 ai.o 00 mcco ._> >._"Om ~ .~ ~ .~ O)~ .0 ~ c: ~ "Om c >~ "0 O.!!! cr c .... co'" m _.!!! aC: ::J ~ ~ ~....: "'C 0 VI""'- - -' .-'- 0) m :J m co :t: > ~ ..c: ..c: ..c: <( 3= .- coo - :t: I- '-" 0) -g E::J a. ~ a 3= .. CJ) > EO)....... "'C ~ .~ a E ~ - "'C 0) "'C ~....... L... E O)L... 0) ....... 0) ._ a C) _ a a "'C c: 00.... .0 >< c .... 0 - 3= 'S; m ~.~ co m co 0 t 00 m 0 E 0....... "'P '+- E . - CJ) L... coc-...o ..c....o m 1.0 ::> 15 c >."0 ~ .! Xl :z 16 ~ Ci (").. 0 0= m co 0.... m-.o ~ . c co+= =.0 E co co 0 co :J T"'" 0 > co .u....... 0 3= - 00 _ I . _ ..... E ::J:t::: ca CJ) <( 0) ." .. .. m'- - co.c::: .- --- ~ Gi ll! m Cl a..!!! 00 0 ..c: in ~ E .0 == C)~>m oo~"O ~'5 ~ :J~32 t/) ._ - 0 m ..- 0 ,0 u ~ :J .... = Cl Cl'oo 00.0 '2 00 U; (I) :J t;:: 0 o c coo.... m co c.... 0 C ; ._ c: ~ .a E~ ..c 0) ca 1;) <Ii L... (1)...0..0000 _ =cooo .!:II (I)';C .!!! 0 co '6 E 0 ~ (I) .:: '0 m t/) j:: W ~ 0 - - ~ .c ~ ~ o .- ::i ... c (1) E ~ co c. (1),~ C~ 0"0 (1) c:: ~ CO ::::s- O CO o c:: (1).Q D::CI) CI) "i~ Ce (1)Q.. Eo) c c:: O't:: .~ CO > (,) C Q) W.Q ~.E C)~ c._ .- t.;;:: c...... C CI) a:~ ~ CD .- c: CD > o ... tn CD :1 0- eD 0:: ':. , ' I 't- o e o :t:i . co ..-.. et) .O)~ en '-" 0)- 'C.~ a.~ coo) ~E O)E eno ::>t) 'CO) een co::> ...J 'C ~O) ::s.~ "5~ lJ..o 0).... ..c: 'C ....0) 'C.... eco O)e 0) E'- co~ 0'C ....e 0)::> e :t:iE eno O)L... ::s't- C"'~ O)t L...O) ena. .- 0 .... L... ea. co.... 00 ==0) a..~ a...c co::S en 0)0) ..c:..c: 1-.... .... e 0) EO) 0)- -..0 UJco O)~ eno ::>= co -gE co::s ...JE 0)'- L...X ::sCO "5E lJ..0) 0)= ..c:.... ....0 O'C .... .... ....en e~ 0) E= 'C~ e.... 0) co E= co~ cO co== o O)Q.. e .- co wO) O)L... ::SO<( C"'..c . . ~::so oCl)~ en co:!: -.- en come en.... 0) .- en.... .- e C 3: .- colft'C Owe 'a. 0) co a..... ~ co.... co 0)'- 11\ L... en \Uoe ..c:oO) I-....'C L... ::s o o o en - a.:!: _ ~ e .2 .~ _ ::s ..0 .... .... 0) ::s e ~ ~ en ~~ ::s ....O)=a. co 0) en COo .... ~ ::s ..0_ en L... - 0) 0) ~ ~~ .e ~ 1ft e L..._ ,,\I 0) 0) 0- 0) ..c: 'C 0 'C 'C .....- E e ::s 't- ~ '-" co (3 0 L... a. c.. e O)c==::S ..-.. en 0 en 0 enE "fi ::s e + Iz 0) 11\ 0 o ..c: >\UO' o ~ .- ..c: co L... en.... ~ 'C LO en ~ 0) CO'C 00 0) 0 2: 't-.Q '-" en . - x 0) 0 lJ.. en ::s ~ 0) en - 't- :!: .--== 0)0 co> 0 e en CO'- ..c: .... . - 0 ........ 0 0) ::s '2 C ~ L... en 0.1O-c c ::s 0).... J2.Q. n~ 0) 0) 'C ::s - 'iftUJ > 0)._ 0 en en co 0 en e en I a. en 0) 0) L... e 'w ~ a. == en e..c: a. co ::s I E en 0) .-.... a. .b 0 5::SLOo~Eco LO ..c: _ a. ('I') ~ 0) 0 en ('I') 0) ;: 'C 't- ,,\I en J:: .- .-00_000_'C en L... - == -- .... 0 .... co 0)..0 .!!1 Q) . 0) 'e ~ 0) ~ .5::s co ij: 't- ::SL...JQowa.enO)O) 0) 0 O)o'eno'-e.e .... ~ L... 'C e C\I c'c 0 ~ 0) ~~0'C coOo ......0 __O)Oe oOE 0) - e CO'- E ~ co en._ 0) a. 0) L... "'E 0 'C 0) en a. en ..c: coE J2 0 <Ii J2 m co ~.... '+- LO L... 0 cO)o == LO co m.9 0 3= ..c: 0 C ('I') LO ('I') en 0 0 I- co ::s . . . . . ..., c (I) E ~ ta C. (I),~ c- ~ 0"'0 (I) c:: ~ CO ::s- O CO o c:: (1),0 a::Cij _C'I) ta~ 1:e (1)0. Eo) Oc ,c:: t:: .!:: CO > (,) C Q) W.Q ~.8 g>>~ .- .S::: c..... C C'I) a:~ (1) tn ~ -C C ca ...J C) C .- ... tn .- >< W .... c (I) E ~ ftS C. (1),1..... c- ~ 0"'0 (I) t:: ~ Ctl ~- o Ctl o t:: (1),0 o:::Ci5 CI) (ij~ Ce (1)0.. Eo) S'S;: ~ l.;;;: ._ Ctl > (,) c CD W..Q ~.E ~~ .- "I:::: c~ C CI) a:~ :. G) In ~ -c c ca ..J C) C .- .. In .- >< W +' C (I) E ~ as c. (I),=: c~ tn"'O (I) s::::: ~ co ::s- o co tn 5 (1)'- o=:~ CD "iij~ ce fA (1)0.. ~ EO) c s::::: o't:: -c .!:: co > (.) C C Q) w..o ca '"I ~.E ..J C)~ C,_ C) .- lo;;;;;: c...... C CI) c a:~ .- ... fA .- >< W '~" ~'-';'~~ . ~ . ,,~~'~ -.~~ /7tr1C)1"-'"" .1< 'f"': (. ~ ....,.. . . ~ ~.~;. . /.J; ""..<" ......... : . - ~ . _~. ~ ..:' to .~?~~ , - I:! /' '" / ...~,.. ~ I: G) E ~ co C. G),l..... c- ~ tn"'O G) c:: ~ ~ ::J- o ~ tn c:: G),Q a:::CI,) CI,) Ci~ ce G)Q.. Eo) 01: ,c:: t::: .= ~ > Co) I: Q) w.o ~.e tnQ) I:,~ .- t::: c....... I: CI,) a:~ CI) tn ~ -C C ca ...J C) C .- ... tn .- >< W , . , I-'.~------"-'- - .. ~ , I"'" ,'. '.;llll r 11.'-- _ I' _ i : .':'. I ~:, G) .... ~ c (I) ... E ~ G) CO tn c. (I),:: C OJ!:! ::::s l.. tIJ-o (I) c:: en ~ (\) ~- o (\) I tIJ c:: (I),Q D::~ G) 'ii~ tn ce (1)0.. ~ Ed) c c:: -C o't:: .!:: (\) C > (.) C Q) CO W.Q i ~.8 ....I I; " ,I' C)~ ... C,_ .- s,,;;:: C c...... C C/,) G) a:~ CJ CO . ..... -C <( .. C 0) ~ C'G Q. O),~ c- ~ tn"O 0) c:: ~ co ~- o CO tn c:: 0),0 ~Ci5 C'I) cu~ ee O)Q.. Eo) Co ,c:: t:: .= co > (.) C Q.) W..Q ~.8 ~~ .- .J:: c...... C C'I) ~~ ;1;1 .,,1 C\1 'C 2 en ~ '+- o Q) "'C .- en (1) C) ~ o .c (.) c <C ca -- I- S tn -- ~iJ C) C -- ... tn -- >< W +-' en C\1 W C\1 'C 2 en ~ '+- o Q) "'C .- en +-' en ~ " .- ~ - .~~'>~: "i.:1}r": ~:-: ~. ,:, "n,.-'-' I -(.:, ,- I .~~ l -' I' i i ,- :' I I i- I, 1 I, ... C CD E ~ cu Q.~ CD,_ C~ tIJ"'O CD t:: ~ ctJ ~- o ctJ tIJ g CD'- a::~ a;~ "'e ;0- Eo) c,~ e ctJ .- (.) > Q) afi.o ~.E C)~ c't: . C ..... .CI) c ~~ ....,~,. ~. --""~" ~- ~. .:'- ~~;, IF. ~ ~.~~ _ '~~V ,~ In - CI) In In CI) > ..... (.) .- - CI) a.. CI) C I In C o .- ..... .- -c c o o C) c .- ..... In .- >< W Ifl) \, tl!;lr i, I iJ.'~-lill, ' iI"~,';! "')" "; ~~ :.: ~.~(. I'l! I ';i " I.: I . 1;,'-;' t-. ,., . "0 ;4 !~I." . I ., .I~ . ~ .... c (I) E ~ ns c. (I),~ C~ 0-0 (I) t:: ~ CO ::s- O CO o t:: (I),Q a::(J) (J) CG~ -ee (1)0.. Eo) C t:: o't:: .!::: CO > (..) C Q) W.Q oe.E C)~ c,_ .- s,;;;: c..... C (J) ~~ tn CD tn :J CD ... .- tn c o C) c .- ... tn .- >< W L , i i.:' ',' +' C (I) E ~ co c. (I).~ c- ~ tn"O (I) c::: ~ co :::J- o CO tn c::: (I).Q O:::CI) _CI) co~ ce (1)0.. Eo) Oc . c::: t:: .~ co > Co) C Q) w..o ~.E C)Q) c.::::. .- t:: c...... C CI) .!~ D...~ ,~ ~~~.. J!III!IIJIIl: .- ~' . ~~ ~ '.~~ tn CD tn :J CD ... -- en c C'.! C) C -- ... tn -- >< W ~I-, I ,. ~ I: (I) E ~ ca C. (I),l..... e~ tn-o (I) c:: ~ co :::s- o co tn c:: (I),Q O:::(J) (J) Cii~ ce (l)Q.. Eo) 01: . c:: t:: .~ co > 0 I: Q) w..o ~.8 C)Q) I:.:::s. .- t: 1:...... I: (J) ~~ ... tn CD CD := ~,i, :5~ CD 5~ -C~ CD 0 tn~ ca .- mO en! E'" ~ ~ E.c .- .... >< C ca CD ::E E -C CD C ~ caDI Q. <C~, :) ...:: I ~C CD CD ~ E .... 0 CD_ tn CD C > ~ CD UJC - ... Q) ~ ~ ('0 ::1 c- en o C\I ~ co I'- ~ ~ - en ~ o ('0 en en o L.. C> I'- C\I . . ca e <C "'C I: ca ...J ~ Q) 0 .c ,_ ... ... 'to- ('0 .~ 0:: o ('0 :::::-~ S<c .s L.. ... 0 Q) 0 ~u:: ... ~ C ('0 Q) ::1 E c-a. en 0 I'- Q) V > 0') Q) -"C co ('I)"C C\I Q) L..= o ,- -E L.. oQ)- C\I a. ('0 , "C ... OcO .. ('0 ... EcQ) :::s'- Q) E('O~ ._ E ~ >< Q) ('0 ca.c ::1 :i ... C- _Een 0:::01'- <c~v u. en 0')_ -:!:::: ~ OCll) ._ ::1 C\I ~ ca - L.. "., .~ 0 .... ... - cac~ (l)Q)C\I L. "C . <C .en 0 L. ~ en o .- o .C E u: L.. ::1 _~E ca en ,- ~ C x 0('0('0 I--=~ ... o C en Q) o "C C> C ~ 0') ('0 o Q) o en L.. .. 0 E 0 :::sE .E 0 >< .. caW :i..... _0 O:::Z <C en u.... -('0- .2 ~ Q) ~L..C> 0::: oS o 0 ca"CJ2 e"5 <Co~ L. 0 ('0 o C\I ::1 o ~ g u:-g(ij Cii ('0'0 ._ en L.. (.) ... Q) L. ('0 E (I) Q) E E en E L.. 0 o 0 o 0 Q) o-g"5 L. .- ... cao+:; mO')~ +;:..-0 I: ~ 0 l! en 0 :::so'" ca 0 L.. ~o('O tn - ~ (I) 0 a. O:::~('O . - ~ o ('0 L.. Q) a. en :!:::: c'" ::1 en Q) ~~ v~ I~ ~ E ~ 0 V L.. 'to- C"C Q) Q) Q) L.. .!~ Q) en co C .. ('0 ~-= .- en tn:!:::: I: C (I) ::1 eC\l - 00 ca ._ L.. ~ 0 I: en (I)... "'C ,- ._ C tn ::1 (1)0 0:::1'- .c ... ';: ... C Q) ...... en .~ Q) en $5 ~o ~~ E 0 ,_ 0 u Q) L.. L.. L.. 'to- ,- o "C Q) ('OQ)= L.. L.. C Q) <u ,- a.~.c en en:!:::: ~C;: Q) ~ en ~...:!:::: V en C V ~ ::1 , Q) ... C\I~C I Q) 00 co ,- vcoen . -.. C ~~('O C ,- L.. Q)C'" Q) ::1 Q) ~o'" ..::;vfl Q) L.. 0 coo= .. en ('0 tn ~... ~Q)O (I) ~ C ~0:2 ~~"C o en en O:!::::Q)- "'CC>~ -::1>C Cii ... ~ ::1 ._ C Q) 0 C .Q) ~ U (I) en .. Q) "'CCW ._ ~ ..... e tn...oc (l)OZO 0::: v _~ .... c (I) E ~ ns c. (I).~ C~ 0-0 (I) s:::: ~ CO ;:,- o CO o a (1).- a:::CI,) CI,) Ci~ Ce (1)0.. Eo) C s:::: o't::: .~ co > Co) C Q) w.o ~.8 C)~ C._ .- 10;;;: c...... C CI,) a:~ ~~ .'. ~~~ ~ -~~ -" In i:1 i.' , E ~ E .- >< ca ::E " c ca - c. ::) " C ca - ,ft "I VII" - ca .- ... CD ~ In .- 3: - +'" 0) ~ ~ (\1 ::J C'" en CO o o - o M m -- en ~ o (\1 en en a L- 0) LO M T""" N . . co CD ... c( "C C co ..J - (\1 +'" a +'" +'" 0) ~ ~ (\1 ::J C'" en o o LO - m M L- a -- N ~ o . o . . E ::s E .- >< co :i .-. ~ c( LL --- o .- ..... co ~ co CD ... c( ... o o - LL - co ..... o .... - en :!:::: C :J LO ........ -- ~ o (\1 L- 0) 0- en :!:::: C :J - en E a a L- "'C 0) ..c T""" LO ~ en co M:!:::: -- ..cJ!}en ~ :J 'c ~ .- 0) :J :J tn+'" ;~O)c c 1D ~ .0) _~"'C~ co L- L- - ._ (\1 a (\1 cE~-= CDLOCOLO "CMLOM .- tn CD ~ . . . ... c CD E ~ C'G Q, CD,:: c~ tn-o CD c:: ~ CO :J- o CO tn c:: CD,Q o:::~ (ij~ Ce CDQ.. Eo) C c:: o't:: .= co > (.) c <1> W.Q ~.E c:n~ c,_ .- l..:::: c...... C CI) ~~ ~ U .- - o D.. ca CD ... <C .c :s en -C CD tn o C. o ... D.. ~ ! ~ xo'E ~ Q)~ U '0 CUNCU Q) ~~c: C'G 'S; ~ -- L- = 0 ........ Q) N e CD ~ 3 Q)E 'E ::.9 to ~ - a. ~ ,- ~ '0 - > - CU - CJ) c: ~ L- Q) 1: 0.'0 ~~~ 3:~~cu ~~ ~Q)E~5 _ ._ - _ Q) CJ) - ,,, CDE- -g CU ; 3: c, ~ c: ~ ~ .9-.s ,CJ) - r. __ 10 cD e ,0 0 o::J 0 Q) E !:! CJ) :5 10 ....... a. CJ) r. ~ C" ~ r. - '-'--- ~ a. CJ) ~ Q) Q) -- ~ O .- CJ) - - - Q) ,^ - oo-cu VI ---Q)o u...Q) c: Q) L-o.cu .o~CJ)~ CD i .5:2 ,- E E ~ a. = CU co ::J ~ =E~Q) ~::Jo.O ::JQ) ~ Q)C: 'I- oEoC: CJ)3: ~Q).oQ) C'G Q, CJ) '0 'x Q) ~ '0 CJ) CU c: 0 E "'or. ~cu>Q)cu C:CU'O c:~o. =~>g bE'Oo cu~5~~Q)~ en c: c: r. 'V - L- .0 Q) "CD ,~ocu'O:c oo'~cuQ)cu c " '0 c: '0 c: c: +:i 'E:: 9l r. a. ~ '0 C'G " CJ)Q) Q) '2 c: CU Q) c: ~ VI CJ) - CU c: " C 0 ~ c: CU a. a. Q) 0 ::J ,_ ~ > CU ~ C'G .- 0 CU ~::J ~ > CJ) CU x ,- CU !~^Q)~c:~0Q)Q) ~cuc:S'OQ)Q)~ ... - 'E:: 0 r. 0 a. 0 .0 _ :J CJ) 0 ~ '0 ~ CU '0 ,- Q)L- E c: -, - L- Q) Q) :!: = 0 C " ~ 0 - ~ ~ 0 I~ ~ '0 1U ~ ~ fI) .- CD ::J E '0 r. 0 ~ - c: > _ - - ~~9,^Q)>ooC:CJ) 'OEo>c:CJ)~ O "" a. VI c: ~ c: L- 0 Q) ,- .(3 E CJ) 0 ,- +:i L.: cu Q) L- cti 0 X - E 0 Q) L- '0 cu '0 CJ) a. 0 ,- L- CU CU tn tn 5. 8 ~ CU .N 0 ,Q) ~ CJ) '(if Q) Q) ~ .5:2 tntn_cucu ~+:iC:~ JBQ)E(j)ECD'O CD C'G Q) 0 -t5::J r. +:i cu CJ) ,- Q) ~ Q) u~CJ)=~OL-:!:::Jo 3:::J'O~~~E ~ :!:: ~ .g 0 '0 J2 3: Q) ~ ,~JB ~ ffi 0 ,0 > ~ ~ > ~ - ,^ _ '0 P> CJ) ~ ~ CJ) '0 n ~ a. Q) VI Q) ,- _ Q) Q) CJ) Q) c: == CD Q) Q) en CJ) .9- ~ ~ ::J .9 ~ Q) CJ) 0 Q) ~ Q) .Q ~ :0 = ,Q) ~ en ~ 00 ~ CJ) ,5:2::J '~ a. ~ ~ :J "" 0 :!: > E 'E:: Q) ~ L-Q)~ ~ cu Q)L. a. ::J Q) Q,Q,Eo~ o.'O~L.' Q)C:CJ)::JC"E Q, tn ,~~ 8 CD 10 '0 ~ -g 1U CJ) 0 ._ CJ) Q) Q) .- C '0 ~ ~ '~ ~ ('I) c: E ::J 3: .9 E ~ P> ~ ~ 'U) 0 c: - 0 L. t ~ cu CJ) Q) '0 ,,, - - .- cu CJ) c: Q) 0 ...... 0 L- ......... _ ~ c: ~ ~ Q) . 0 +11U '0 Q) ~ CJ) r. Q) c: 0 CJ) .0 ~ ~ ~ to ~ ~ OCDQ)CJ)ocuCJ)~+:i.oo.CUVl_"""" >VI o ~ X CJ) 0 ~ o,g:!: (ij:.c: 15 CJ) L- ~ 0.'0 ~ ~-~Q)O~= EIen~Q)O>CJ)c:o. ,,! > o.oL-L- Oc: C:cuo. ~ .~ .9 .g 5. ~ ~ ~ E ~ . CJ) ~ 0- Q,.Q o:J.. .... '- Q, a. < '0 Q) ~ CJ) Q) ::J C" Q) L- ...... C (I) E ~ ca c.~ (1),_ c~ tn't) (I) s:::: ~ (\) ~- o (\) tn a (1)'- o:::~ c;~ ......e Co.. (I) Eo) c,S; o ~ ,... (\) "- (.) > <1> .fi-Q ~.8 C)~ c"_ "- ~ c-.. C CI) .!!!~ D.. "'~. .~.~... ,,'--I'~~.". I , ..... . - -~. i: 'o.-'Mt- ~; .~~~ ~ ~, (.) .- - o a.. ca ~ <C .c ~ en -c CD In o C. o s- a.. :,1 C) C "i o - :g (I) .c ...... o ...... e (I) .c "'C ca - c; .c tn "'C a; Ii: C) C "i: o o E tn tn (I) (,) (,) cp (,) "- - .c ~ c. (I) .c ...... tn "'C C (I) en E...... E C 8 ~ ! ! t: "S caD" ...... (I) U),... c ~ :.2 o ......J2...... -;; i! III .~ a. ............ ,- .:::t:. C ~ "C en c Q) v# C - cuE Q)cu _I ...... Q) C _ C Q) a. 't: 0) ,~ ......Q) ~ o ,- c ~ o .!!l :0 0- Q. Q) E Q) o~ E..c: Q) ~ ..c:,.. 00 ..c: Q) "C ~ U '4- ...... > CQ) '4-0 '4- - cu "C 0 C o '-cu Q)~ Q) 0 ...... 0) E ..--...... C C 0 - cu ....0 Q) 't: en "S; en 0 ~o~ Q)~ tt=2 Ci)o.o "Cz t::(;) a.E Q) c~ Q) C o E ~ .2 u. U 8 ~~- (6- CUQ) ~.Sl~ ~ ~ O.s:: (; ............... ...cu w...... C ,- ~ cu ~ 0.- ~ o:t:E en'O::> ~ Q)..c: Q)c enl- enQ) ~ :: .5 III CI) 0::: ~. .... 0 .s:: .... CI) - 0 ~ 0 ~~ 0) cu Cl _ _ ..c III .- E ~ Z 0::: ~ ~ o 'w E 0) 't: <( a. . ,_ :.:: cu ..c: c cu __ "C 3:0 ~ ~ .g ..c .2 '2 :2 ii):ii _ (jj Q) a. ~ ~ 0 - ......0 _ Q) a. ,^ 01"-> 'ti~ 2.!!!..c.;::5 cGlGl Co -Illlll _ .- III N :J .- III ._ EO-Ill 10 1ii 'iii - 10 l5 Q; Gl III C ..8.l: Gl III z 0 1ii ~ 0 .Q -Q)' 1Il'-GlIll Gl>Glo; III E III III 10:>. ..c :> :6 0_ C l5 0 ~ !::;.s::~ cD 0 01010 0 O - c......cc~u +:i C '0 .s cu en' ,- I cu ...... 0 ~ "C NO ._ i5 "C V 0 l!! l!! C .... III .;:: "0 C :J ~.~ Ol;::01iiGlOGlGl50"E1ll Gl - :;:l ~ Ill" Cl.~.... C III :2 ~ w 0 _I en ~ ~ ..-- ~ "_ ~ Q) C "t: C Q) ...... CU 0) ~ c ~ ~ ..c:O......+:i>C..c:cenQ)CU'O - III III - Gl 0 .;:: III 1ii "0 .... Gl l!! 0 III ~.1Il 0.... E Gl Gl 0"0 - :Jo 0 Gl 0."..._ - '1Il 0 ~ l!! 0 E 10 0 LL ~ Gl III C ..c .- III 0 ". Gl ..: E "0 - Gl .- :J - Z Gl ". > III .... "> Q) > .g g Q)Q) Q) ..c: Q) Q) CO ~ oenCU~""E..c:I-..c:"C. ~Q)J:o.u.. ............. 0..0.. . . ~ 0- en o o 0_ o ~ ^ " - Q) en ::> CU C o +:i ,- "C C o U +' C CI) E ~ as 0. CI),s.... c~ tn"'O CI) c:: ~ ca :::::J- o ca tn c:: CI),Q O:::CI) CI) ca~ ce Cl)Q.. Eo) Oc ,c:: t::: .= ca > (,) C Q) w..Q ~.8 en~ c, .- t::: c...... C CI) a:~ ~l (.) .- - o D.. ca CI) ... <C .c ~ en -C CI) fA o Q. o ... " I.j ~ L! CI) tn :J - as C o .- +' .- " C o o .... o . ""'"' as :E as oJ: en :::::J e oJ: +' ~ - C o " CI) =: .- E .... CI) 0. CI) .c .s +' C CI) E 0. o - CI) > .. CI) CI) C" :::::J ,,- C (.) C as .- - 0.- :J~ .... 0 CI) .... oJ: 0. ...0. 0<( LO ,~ C01i "0 ~ (I) 0.. (I) cu ~ '- (I)~ o CIJ +-' (I) +-' .- 0:1: C C CIJ (I) E E o cu 0"0 '- C "0 cu ~t ..... 0 o 0.. '- 0.. CIJ (I) ~ 0).0 CIJ C E CIJ ==~cu"O (I) C (I) C ~ cu ~ ~~ _+-,(I)CIJ _OCIJ'- CU +-' (I) :;:;(I)O+-' C~+-'CU (I)+-,ClJ3: "O~(I)+-, . - +-' CIJ C CIJ'- ~ (I) ~3:-0 -cucu (I) ,cu C ~ ~ E ,0 cu o(l)cuc a. ~ (I) .- ~E CIJ 0"0 . == (I) (I) (I) CIJ E~~'-ij:~ ~(I)ccuO)~ I .0 (I) ,- C ~ (I) - .M 0 .- L' _ \OU VI '- '- 0) "0 C (I) 0 0 .C 0 ~ E EO ~ CJ)~~E (I) LO<(LOOCIJ8 C'?LOC'?U~<( o o . . . . cu . - (I) '3: -cO) ;OC ~ :;:; 'L: +-,-0 .~ c 0 0.. ,Q> E cu CIJ CIJ :> (I) CIJ :> "0 (I) CIJ ~ 0 "0""",\0 C -J cu cu ...J 0 -u.== "0 ,., .0 (I) "-J ~ e> ~ 0.. (1)"0"0 E (I) (I) .c+-,CIJ cu 0 ~'- 0.. CIJ 0 0 cu 0 '- .....~o.. o cu (I) +-'-~ - - +-' ~Ct m cu 0 ,-~o.. cu'~ 0.. CIJ 0 ~ cu a.. CIJ +-' "oCUCU (I)(I)~ o..,-+-' o <( CIJ -.0(1) ~ ~ CIJ (I) CJ) ~ "O"O-g (I) (I) cu .cCIJ- ~oo.. - 0.. ~ co"'" o '- 0 co..+-, cu (I) C o ~ (I) "O~E _ 0.. .(1) cU 0 ""'''0(1) 0).- > C '- (I) ._ 0_ '- - - o u. (I) O""'..c:: EO+-, CIJ .sa 3: . .- cu 0 32 ..c::+-'-(I) ~CJ)CUtt= E Cl)S oJ:~ +' ~ _ tn ~en C C :::::J .- .... "0 .! 0 c E l! CI) en oJ: +' CI)" .cc = as .i as " " .- c .... as.2 -L&. . J!l....tn asom .C CI) c CI) +' CI) U;J!t) .- UJ - ~CI)Q. C oJ: E o +' 0 +' ~ (.) c.c.... CI) " 0 ECI).! 0.> as o e (.) - Q.G: CI) 0..- >-~ CI) \ow CI) "tn(.) ,,;as ;a;" _ ._ G) 0..... :::::J :::::J en tn .... c .! .E .~ " J!l EO ; as " > " CI) eCl)= Q.tnas ~8.U; o 0 .= Z .... tn 0. ._ .... c 0) E ~ ca c. 0),:: C~ 0-0 0) t:: ~ CO ::::s- O CO o a 0).- o:::~ n;~ ~e O)Q.. Eo) C t:: o't::: .= co > (.) C Q.) W.Q ~.8 C)~ c._ .- I.;;;:: c....... c CI) i:~ .... (.) CU LL .... o [. tn C) C .- -C C .- LL +'" C co o co > 'I-- . o CJ) CJ)'O Q) C o.!2 COG) LO 3= ~'O 'or- Q) C\I.o L... CJ) :J C+'" .- CJ) co .- +'" '0 C'I-- o 0 o CJ) ~Q) - L... +'" 0 m co CJ) . Q)'or- a.~ '0 'or- Q) CJ) 'OC C co Q)+'" E 5 co 0 Q)+'" .0 co ~ O+'" +"''0 co C Q) co L... - co .CJ) 0) == C 0 +:io. CJ) CJ) X'O Q) C Q) co ~o. I- :J . CJ) .- '0 Q) ij: 0) C 'c o o E . ~ Q) o g ~co CJ) .- ~- 00. 'OE Q) 0 CJ) 0 0'1-- 0.0 o Q) L... +'" o.~ Q)ij: ~ .- +",1::: Q) +'" 0 5 co L...'O :J Q) o > o .- o ~ =Q) . - L... 3='0 +'" C m co E-c 0.Q) .Q~ ~ E Q) Q) '00. '0 - c'O co ~ 0.0 :J L... 00. zg. . L... Q) 3= 0 O+'" ...JO) Q) .c Q) ="E.o E81ii o 0 :J J::coE ~~Cii CC~ O:J+'" 'OOCJ) cu~ co Q) C . cno:JE L... C Q) .~ 5 '0; i 1B~~CJ) CJ) 0 Q) C :> +'" 0 .0 >'Oc+'" o 1B .- ~ +"'co+"'o 'OoQ)co Q) .- C > t::~0Q) ~'OCCJ) CJ) '0 C ~ C C 0) ~ ~ co C +'" . - co ~~'O .oQ) +'" - .- .- ~ L... _3=~0 co - L... U. _ co _ -Q)~Q) CJ)L...o~ ~co==+'" ~.oo~ CJ):Jo..o men ~'O '0 0) +'" Q) cC+", '0 .- :J co Q)CO'O CiiffiuoE o - Q) oo.OE = CJ) L... 0 co ~ C 0 =Q)Oo <(~~co . C o +:i co o o - co o (!) o 0:: Z Q) ~ +'" C Q) +'" Q) 0. E o o +'" CJ) :J E CJ) Q) CJ) :J co +'" C Q) '0 .- CJ) ~ I C o C '0 Q) CJ) o 0. . o E L... Q) 0. +'" =~ <( CJ) . +' C (I) E ~ co c. (I),~ c- ~ 0"0 (I) s::: ~ cts ::s- O cts o s::: (1),0 a::Ci5 CI) (ij~ Ce (1)0.. Eo) Oc ,s::: t:: .= cts > (,) C Q) W.Q ~.E ~~ .- .J:: c...... C CI) a: ~. ..... (.) CO U. "- o In C) C .- -C C .- U. ::1 +'" C CO o CO > ~ o . C/) C/)"'C ~ C o~ CO+'" Q) LO 3: ~"'C T"'" Q) N..c C/) L- c.3 .- C/) CO .- +'" "'C c~ o 0 o >-C/) :;:::;~ c 0 Q) CO C/) . ~T"'" o.~ "'CT"'" Q) C/) "'C C C .- Q)J!J E c CO 8 Q)+'" ..cCO 0= +"''''C CO C ~~ CO C/) .- 0) == C 0 :.;::;0. .C/) C/) X"'C Q) C Q) CO ..c- ~g. . C/) .- "'C Q) ij: 0) c 'c o o E ~ oj o 0 ..c c ~~ 00. "'CE Q) 0 C/) 0 o~ 0.0 e$ 0. co o Q)ij: ..c .- +"'~ == Q) +'" 0 C ::::s CO L-"'C ::::s Q) o > 0'- o ~ =Q) 3: L- +","'C C C Q) CO E ~ 0."'C 0$ - +'" Q) .- > E Q) L- "'C~ "'C ~ c"'C CO Q) - > 0.0 ::::s L- aO. z~ . L- Q) 3: 0 O+'" ...JO) Q) C ..c .- Q) +"''E..c EO+'" o C/) e 0 ::::s ~coE ~~+'" c C co o::::s= "'C0C/) c()~ co Q) C . .!!2 e ::::s E co C .~ $ 'c 0 Q) C/) Q) ~ C/) >- +'" coC/) .C/) 0 Q) C :>+"'L-O > "'C 0 .- c+'" o Q) .- co +",~+",::::S "'CoQ)o Q) ._ C co t:: "'C 0 > Q)Q)cQ) ~"'C C/) ~ "'C .c >- co C O)Q) ~coc~ Q) = ~ "'Cco ..c .- ~ .- _3:C/)o co - ~ - ..c co L1. C/) ~ ~Q) >- co .0 ..c +"'..c-+'" . en ::::s 0 >- cCJ)a....c ~ 0) ~ "'C C C Q) "'C . - ::::s +'" Q) coco +'" C " "'C co co \.J 0 00.. Q) E o C/) e E co >- C 0 =Q)oo <(~~~ . C o :.;::; co o o - co o (!) o c::: z Q) ..c +'" C .- Q) +'" Q) 0. E o o +'" C/) ::::s E C/) Q) C/) ::::s - co :+:i C Q) "'C .- C/) ~ I C o C "'C Q) C/) o 0. . e E 0.$ C/) <(~ . ... c CI) E ~ cu c. CI),~ C~ 0"0 CI) c: ~ C\) ~- o C\) o c: CI),Q a::~ (ij~ Ce Cl)Q.. Eo) C c: o't::: .= C\) > (.) c Q.) w.o oa.8 C)~ c._ .- lo;;;; c..... c CI) a:~ tn ... (.) ca LL 'I- I o tn C) C -- -c c -- LL I,', I, ctS L... ~ 1'1'\ CI) c: '" 0 0 .c. -- -- .....,~C5 ..c~ CI) . S:2 tJ)- L...CI)c. ~C5g- "'C . C c: .co c. ctS c.o,+- CI) a. 0 ..c c. (ij ctS....., ....., ....., tJ) CI) .- :J .c. E E"""..c tJ) E :J Cl)otJ)-= .S:2 ~ ~ ~ ~ctS"""o CI)>oo. tJ) 0 ....., C. L... L... "'C C. 0 ctS c: c..c ctS ctS c.~ tJ)CI)~:J CI)>tJ)- +:i .- CI) ctS :.:: CI) :> C:o -- (.) :::> o CI) .- ~ L... ~:!: ~"'CCI)"'C \J ~ c: ~ ~ CI) 8 -L..."'CL... c.CI):Jo :J c: 13 .~ "'C 3= c: ctSE CI) 0 L... .. . - ~ L... L... :JtCl)O gCl)~ 0 L...c.>c: _ 0 0 ._ <( o.o.E . ....., CI) CI) cts CI) ===0 C:oC:.c. o.....,ctStJ) "'C.....,a:::;: 1'1'\ 0 0 '" CI) CI) tJ) ...c~ > cts cts .- L... ..c :J tJ) :J tJ)C:....., "'C.....,CI)cts c:o.c.C: cts c: CI) tJ) L... .. "'CtJ)c.~ c: . - E ....., ,,"" c: ~tJ)O:J .~ 5 t) 0 - .- ....... t) -- '+-' ~ o . - ....., CI) C. "'C c: 0 tJ) c: :J L... CI) 0 0 c: "'C0t)0 cts C) CI) ~ E~oCl) I tJ) L... ~ c: .- c: ~ cts X 0 CI) ECI)~tJ) "'C CI) .. c: CI) L... "'C "" .c. c. CI) ,,\I ....., ..c ~ '+- "'C L... 0 0 c: :J .- cts .....,otJ)....., .~ c.. .~ 0 "'C OCl) cts . - ....., ctSCI)oe tJ)L...c.c. .- <( "'C..c-g.s C::JctS"'C J2C/)tJ)CI) tJ) _~ -"'C \J ctSCI)~C: . 'C tJ) 0 2 tJ) Cl)0.c.c:"'C ....., c. tJ) . - c: .~ 0 ~ CI) cts :>L...'to-L...- :::> c.. 0 cts .tJ) . s...Q) ~Q) Q)+-= O..c: +"" ('t')+"" s...tJ) ~CO ~..c: ::JQ) +"" +""s Q) tJ)CIJ - +"" ~ Q)- CO.- ..c: c..CO 03=+"" s...>. +"" .- 0 C>-ea5 0Q) ..c: O+:i Ol~ +"" c.c +""Q)E .- Cmo. c'+- 3= .C 0 Q)co +:i0 +"" o..,+- E.- - .!:Q >. C Q)O Q) -e Q) j, Q) ~~~ x:!: ..c:co -0> Q)O +"" woQ) tJ) +""Q) .- coO Q)Q) tJ) ..c:s... ..c:..c: C :!:<( o tJ).= +"" +"" 0 3=tJ) +:iCOQ) +' +""s... 0 +"" >. CO..c:..c: c 00 >. C(I.) C +"" CD ~>. =c Q)~ .- >. (I.) E +"" -e +"" . coE COco . !:Q CO s...cs...o ~ c- o::J~~ CO +""::J s...o.. tJ)-e OOQ)O c. 00 Q) C.C OO.cN CD,=: Co +""Q) 00 c~ - .5 .~ 0- CO Q) Ol~ ::::Q) tJ)L1. 0"0 3=0 tJ)tJ) +""OCN CD t:: .- C .- (I.) C s....C ~ CO +""s... +""Q) +"" ..c: Q)CCO>' ;:,- cC C..c: c+"" E 0(1.) CO o CO Q)O Q)(I.) (l.)c C ~ o.~ o a ~ E~ Es... E.- s... .. a. C CD'- -e '+- -eo. -e+"" a:::CI) Q)~COo CI) ca cO cE cC > . n;~ Q)s... (1.)0 (l.)Q) o~ >'(1.) ~e ..J E2 EO EE Olo.c (I.) s...('t')+",,~ CDQ.. COO CO>. cog- (I.) ~ ~.- Eo) .... -e~ -e+"" -em EQ)sE C t:: 0 Q)c O't:: Q)CO Q)> -> E .~ co tJ)..c: tJ)::J tJ)(I.) 0.- > (.) tn 00 00 ~o . +"" tS >. 0 C Q) 0.Q) 0.0 +""Q)Q)0 w..o C 0tJ) OQ) o ol E C E~ 3= ~.8 0.1 c..::J s...o s...C(I.) co '+- 0 o.s... 0..- 0 ::JOOQ) C)~ (I.)-e (l.)C -e ~ -e >..S; .- (1.).- C c._ tn ..c:C ..c:0 ..c:::JO ::J c:!: (I.) .- I.;;;;: c...... I-~ I-~ I-C>O 0.. coO a: C CI) ::::s a:~ - (.) . . . . C 0 U ... c (1) E ~ co c. (1),~ c- ~ 0-0 (1) t:: ~ CO ~- o CO o t:: (1),0 Q:~ CI) (ij~ Ce (1)Q. Eo> S,S; .... ~ ._ CO > (.) C Q) w..o ~.8 C)Q) C.~ .- t:: c...... C CI) ~~ c o .- ... lU -c C; CD E E o u CD 0:: , . I' - ca > e Q. Q. <( (J) -c c: Q) E E o (.) ~ li::: co ~ en ENVIRONMENTAL ASSESSMENT WISTERIA ISLAND, MONROE COUNTY, FLORIDA Prepared by Terramar Environmental Services, Inc. 1241 Crane Boulevard SugarloafKey, Florida 33042 Phone 305.393.4200 Email: terramar@bellsouth.net June 2010 Table of Contents Introduction ...... ................ ...... ...... ............... ........ .......... ........ ..... ............. ................ 1 Results..................................................................................................................... 3 Habitat Types........ ................................. ........ ...................... ................ ................... 3 Threatened and Endangered Plants and Animals.................................................... 5 Environmental Impacts. ......... ........ .................. ...... ......... ........ .......... ...................... 7 Impacts to Disturbed Wetlands............................................................................... 7 Stormwater, Contaminants and Invasive Exotic Vegetation .................................. 7 Threatened and Endangered Plants and Animals.................................................... 8 Figure 1. Habitat Types on Wisteria Island ........................................................... 9 Reference Photographs ......................................................... ............. ................... 11 Wisteria Island Environmental Assessment Page I Introduction Wisteria Island is a man-made spoil island located adjacent to Key West. The island is approximately 21 acres in area and also includes adjacent bay bottom ownership. The habitats on the island are disturbed as the entire island is man- made, having been created from dredge spoil from Key West Harbor. The purpose of this report is to provide a biological evaluation of the island in order to determine the types and extent of habitats present, with particular emphasis on the identification and delineation of habitat types regulated by local, state and federal agencies. Methods Several site visits have been made to the island between 2006 and 2010, for the purpose of evaluating the biological attributes of the island, most recently on May 27, 2010. The entire property was evaluated by walking a series of transects that traverse the island. Recent high-resolution aerial photographs were used to delineate the habitats and environmental conditions on the island. All wetland habitats were flagged for inclusion into the boundary and habitat survey completed by A virom and Associates, Inc. Habitats were defined by the presence of appropriate vegetation, and habitats were defined within the context of the Monroe County Comprehensive Plan and Florida Land Use, Cover and Forms Classification System (FLUCCS) (Table 1). Wisteria Island Environmental Assessment Page 2 Table 1. Habitat definitions appropriate for the Florida Keys based on the definitions from the Monroe County Comprehensive Plan and Florida Land Use, Cover and Forms Classification System (FLUCCS). Habitat Type FLUCCS Code Tropical Hardwood Hammock 426 Slash Pineland 411 Freshwater Wetlands 641 Salt marsh and Buttonwood Association 640 Scrub Mangrove 620 Fringing Mangrove 612 Beach (with Associated Berm) 710 Open Water 500 Disturbed 740 Disturbed with Hammock 740.1 Disturbed with Mangrove 740.2 Disturbed with Salt marsh 740.3 Disturbed with Beach/Berm 740.4 Disturbed with Exotics 740.5 Disturbed with Slash Pine 740.6 Man-made Water Body 742 Wisteria Island Environmental Assessment Page 3 Results Habitat Types Wisteria Island is a man-made spoil island that is approximately 21.35 ac in total area above mean high water. An additional 125 ac of deeded submerged lands lies adjacent to the island. A total of four habitat types occur on Wisteria Island: disturbed uplands with exotic vegetation present (740.5); disturbed salt marsh buttonwood wetlands (740.3); disturbed mangrove communities (740.2); and, the shoreline interface (Table 2, Figure 1). Table 2. Habitat types on Wisteria Island exclusive of submerged lands. Habitat types were delineated based on field reconnaissance, and habitat areas were calculated using ARCGIS mapping software. Habitat Type Approximate Comments Acres Occurs on higher elevations over most of Disturbed Uplands 18.59 the island, invasive exotic vegetation predominates, scattered native vegetation in understory Disturbed Salt Marsh 1.32 Occurs on three locations on the island, Buttonwood Wetlands (large) non-tidal Disturbed Mangrove Wetland 1.44 One location on western side of island, tidally influenced Appx. 4,000 linear feet of shoreline Shoreline (altered) - consisting of loose limerock and fme sediments Total Area 21.35 Disturbed lands may be defined as "lands that manifest signs of environmental disturbance which have had an observable effect on the structure and function of Wisteria Island Environmental Assessment Page 4 the natural community which existed on the site prior to the disturbance" (Monroe County Comprehensive Plan, Volume II, Section 9.5-4, D-14). Using this definition, all habitats on Wisteria Island are functionally disturbed, although a further categorization of disturbed habitat types is appropriate based on the predominance of vegetative cover. Disturbed uplands were the predominant habitat on the island, over the majority of the island (Table 2, Figure 1). The vegetation on these disturbed uplands was mainly invasive exotic pest plants, with Australian pine (Casuarina spp.) being the most common species. Seaside mahoe (Thespesia populnea), Brazilian pepper (Schinus terebinthifolius) and bowstring hemp (Sansevieria hyacinthoides) were also common invasive exotic plants on upland areas. Native plants are also present throughout the upland portion of the island although they constitute a minor vegetative component relative to the exotic vegetation. Native plant species on the island include seagrape (Coccoloba uvifera), buttonwood (Conocarpus erectus), bay cedar (Suriana maritima), joewood (Jacquinina keyensis), and black torch (Erithalis jruticosa). Disturbed salt marsh wetlands occurred at lower elevations and occurred along the perimeter of the island, mostly towards the eastern side of the island (Table 2, Figure 3). Vegetation in the salt marsh community included buttonwood in the overstory with an understory of herbaceous wetland plants including sea oxeye daisy (Borrichis jrutescens), saltwort (Batis maritima) and glasswort (Salicornia spp.) and sea purslane (Sesuvium portulacastrum). Sea lavender (Argusia gnaphalodes) was present on the island in some of the shoreline areas, but was generally uncommon. The mangrove wetlands were found in one large area on the western side of the island (Table 2, Figure 3). This area of mangroves is subject to regular tidal inundation over the southern portion, and is vegetated primarily with red mangroves Wisteria Island Environmental Assessment Page 5 (Rhizophora mangle). At higher elevations, scattered black (Avicennia germinans) and white (Laguncularia racemosa) mangroves are present. The shoreline of Wisteria Island is approximately 4,000 linear feet, and consists of loosely aggregated limerock and fine sediments that form a narrow artificial beach over most of the perimeter. The vegetation along the shoreline is a mixture of invasive exotic and native vegetation. The transition from the shoreline to the adjacent upland vegetation is abrupt over most of the island with the exception of the low, flat beach area on the eastern portion of the island. Erosion from wave action and past storms is evident over extensive portions of the shoreline. Threatened and Endangered Plants and Animals Because the habitats are disturbed and the island is isolated from other natural areas, the potential for use of the island by state or federally protected animals is greatly reduced compared to more natural, intact ecosystems. Highly mobile species such as terrestrial wading and shore birds are able to access the site and utilize the island for foraging and resting. State-listed wading birds observed on the island during field surveys include the White Ibis, White-crowned pigeon, and Osprey. Breeding birds documented on the island are limited: only one active Osprey nest occurs on the island as on June 2010 (another partially-constructed but inactive nest is also present). During the June 2010 survey, breeding birds common throughout the Keys in natural areas such as the American Cardinal, Grey Catbird, Grey Kingbird, Red-Winged Blackbird and Prairie Warbler were not documented on Wisteria Island. Wading birds obser4vations include the White Ibis and Great Egret. Other wading bird species not observed on the island but likely occur as occasional visitors include the Great White Heron, Great Egret, Snowy Egret, Little Blue Heron, Tri- Wisteria Island Environmental Assessment Page 6 colored heron, Yellow and Black Crowned Night Herons, and Green-backed Heron. Many wading bird species nest communally in colonies known as rookeries, and no bird rookeries occur on Wisteria Island. Protected plants listed as threatened or endangered by the State of Florida are present on the property. Bay cedar was common in several areas on the island, and joewood, black torch and sea lavender are also present. Table 3. Stale-listed plant and animal species either observed or likely to occur on Wisteria Island. Common Name (Scientific Name) StatelFederal Status Notes PLANTS Bay cedar (Suriana maritime) E / none Common on periphery of island near shoreline and in wetlands Joewood (Jacquinina keyensis) E / none Uncommon Black torch (Erithalis fruticosa) T / none Common at higher elevations away from shoreline Sea lavender (Argusia gnaphalodes) E / none Uncommon along shoreline BIRDS Little Blue heron (Egretta caerulea) SSC Potential in mangrove wetlands and along shoreline Snowy Egret (Egretta thula) SSC Potential in mangrove wetlands and along shoreline Tricolored Heron (Egretta tricolor) SSC Potential in mangrove wetlands and along shoreline White Ibis (Eudocimus albus) SSC Potential in mangrove wetlands and along shoreline White-crowned pigeon SSC Throughout island in all habitat types Osprey SSC Throughout island in all habitat types E = Endangered; T = Threatened; SSC = Species of Special Concern; RI = Regionally Important Wisteria Island Environmental Assessment Page 7 Environmental Impacts Impacts to Disturbed Wetlands Adverse impacts to the disturbed mangrove wetland system located on the southern portion of the island are not anticipated. This mangrove system is proposed for on- site preservation and enhancement. Enhancement of this on-site wetland preserve will occur by creating a 30' transitional buffer zone from the mangrove community to the adjacent development. This buffer zone will be vegetated with suitable salt- tolerant vegetation, resulting in an overall improvement of the wetland system through the treatment of stormwater and the elimination of invasive exotic vegetation. Impacts to disturbed salt marsh wetlands are anticipated as a result of the proposed development of Wisteria Island, however the extent of these impacts has yet to be determined. Impacts to disturbed wetlands will require an Environmental Resource Permit (ERP) from the South Florida Water Management District and also authorization from the U.S. Army Corps of Engineers. Obtaining these environmental permits will require significant planning and coordination, and will require appropriate compensatory mitigation to offset any adverse impacts associated with the proposed project. Thus, it is anticipated that the coordination resulting from the ERP process will adequately address any wetland impacts in the form of mitigation, and result in no adverse impacts to the environment. Stormwater, Contaminants and Invasive Exotic Vegetation Presently, stormwater is not being managed on Wisteria Island, and un-treated runoff from the island is directly entering adjacent Class III Outstanding Florida Waters and the Florida Keys National Marine Sanctuary. As part of the ERP process, a stormwater management plan will be developed for the island. This stormwater management plan will incorporate wetland and shoreline buffer areas, Wisteria Island Environmental Assessment Page 8 swales, and a variety of physical stormwater structures to prevent stormwater degradation of the adjacent nearshore waters. Presently Wisteria Island has a significant accumulation of solid waste and contaminated materials resulting from storms and human activity. A recent inspection of the island revealed a variety of environmental contaminants including large qualities of lead (batteries, boat keels), petroleum products (fuel and oil containers), and miscellaneous solid waste. As part of the ERP process, the entire island, including the mangrove wetlands and shoreline, will be cleaned of environmental contaminants and maintained free of debris in perpetuity. Wisteria Island is densely vegetated with invasive exotic vegetation including Australian pine, seaside mahoe, Brazilian pepper and bowstring hemp. The presence of this dense accumulation of invasive exotic vegetation is an environmental problem for the adjacent Key West National Wildlife Refuge, providing a persistent seed source for the continued re-establishment of invasive exotic plants on nearby islands, notably Woman Key, Boca Grand Key and the Marquesas Keys. As part of the development process, all invasive exotic vegetation on the island will be removed. In addition, the open space portions of the island, including all wetland preserves and shoreline buffers, will be maintained free of invasive exotic plants in perpetuity, as generally required by conditions of an ERP. Threatened and Endangered Plants and Animals As indicated previously, no adverse impacts to threatened or endangered animals are anticipated as a result of the development of Wisteria Island. The island is man- made and is vegetated mainly with invasive exotic vegetation. The most productive habitat area on the island is the mangrove wetland system at the southern end of the island, and this area will be preserved and managed in perpetuity. The single Wisteria Island Environmental Assessment Page 9 Osprey nest will be relocated under the authority of the Florida Fish and Wildlife Conservation Commission (FWC). Presently the nest is in a dead Australian pine that is leaning and will eventually fall. Relocation to a pole-mounted nest will result in a more secure nest site. Osprey nest relocation is a common management practice for the species and is generally successful. Several species of wading birds that are listed as a Species of Special Concern (SSC) by the State of Florida utilize the mangrove wetlands and shorelines of the island for occasional foraging. Species most likely to utilize the island include the White Ibis, Great White Heron, Snowy Egret, and Little Blue Heron. No nesting or roosting colonies of any of these birds are present on the island as the island is unsuitable for nesting. These wading bird species are capable of acclimating to human presence, and will continue to utilize the islands mangrove and shoreline habitats once the development is completed. Several plant species listed by the State of Florida are present on the island including bay cedar, joewood, black torch and sea lavender. Additional native plants afforded protection under the Monroe County Land Development Regulations include native trees over 4" DBH and any listed plant. It is likely that the development of the island will impact many individual protected plants as the topography and elevations over much of the island will require modification, but impacts to these protected plants will be required as part of the permitting process. Mitigation for impacts to protected plants can be accomplished by either transplanting or replacing any affected plants into the on-site landscape buffer areas, especially those located adjacent to the mangrove wetland preserve and the shoreline, or through payment into the Monroe County Environmental Restoration Fund. The specific details of the protected vegetation mitigation plan will be developed as planning for the development proceeds, and will comply with the appropriate sections of the Monroe County Land Development Regulations and Comprehensive Plan. Wisteria Island Environmental Assessment Page 10 Habitat Types MI Disturbed with M angrolle (740.2) c=J Disturbed with 8att marsh (740.3) CJ Disturbed Exotic Vegetation (740) Figure 1. Habitat types on Wisteria Island as defined by the Monroe County Comprehensive Plan, Volume II, Section 9.5-4. Wisteria Island Environmental Assessment Page I J Reference Photographs - Wisteria Island - May 27, 2010 -""...~.._-~ , -.... .~~j,?~". ~ -. -....... ... ......... ~:...~-~ ~;~~~ '~)',r;,.""~ . ...1::.~.~ Photograph of the northern shoreline of the island looking west. Sunset Key can be seen in the distance. Photo date: May 27, 2010. Photograph of typical disturbed uplands showing an overstory of exotic Australian pine and an understory that includes native trees, shrubs and grasses. Photo date: May 27,2010. Wisteria Island Environmental Assessment Page 12 Photograph of tidal mangrove wetlands growing along the south western shoreline. Photo date: May 27, 2010. Photograph of disturbed salt marsh wetlands showing herbaceous wetland plants in the understory and scattered buttonwood in the overstory. Photo date: May 27, 2010. THE CITY OF KEY \NEST Po<;t Offin' .~O, 1-l1)Q .~e" ~\'I?"t. fl. 3~O..II-I..H19 (305) 8lN-:I7l)() May 18/ 2010 VIA ELECTRONIC MAIL Christine Hurley, AICP Director, Growth Management Division Monroe County Marathon Government Center 2798 Overseas Hwy., Suite 410 Marathon, FL 33050 RE: Wisteria Island Comprehensive Plan Amendments Information for Development Review Committee Dear Ms. Hurley: Thank you for providing the City of Key West with additional information regarding the proposed Future Land Use Map and subarea policy amendment in response to our May 11/ 2010/ request. As you know/ the city has placed this item on our May 27/ 2010/ Development Review Committee (DRC) meeting in furtherance of obtaining City of Key West technical review comments as part of intergovernmental coordination activities initiated by the county. In order for city staff to conduct their DRC review, information about the potential impacts of the project within our jurisdictional limits is necessary. While the Concurrency Analysis you provided last week is helpful, it reviews the project according to Monroe County level of service requirements. The City's level of service standards are different. Further, it would be helpful to have information on how infrastructure connections are anticipated to occur between the island and the city. Transmission is an important part of infrastructure evaluation and appears to be missing from the analysis. An assessment of potential impacts on fire, police (including the marine patrol unit), port and harbor facilities (including the Federal Harbor Project), and environmental resources would also be helpful. It appears that the ingress and egress to the island will occur from within City limits/ and a description of proposed access as well as anticipated support facilities is requested. It appears that the applicant has approached impact analysis based on the proposed land use classification as opposed to what is currently allowed on the island. In addition, the applicant has approached the mooring field as an existing impact rather than as a proposed impact. Please note that while the applicant' s position regarding the assessment of impacts may be acceptable to the county, it may not provide a complete basis for evaluation of impacts on the city. May 18, 2010 Page 2 While it may be appropriate to defer certain types of impact analysis to the site plan approval phase as suggested through the subarea policy approach, we believe that an assessment of the general impact issues at this stage is important to our understanding of whether there are impact concerns and whether city review can be deferred to the site plan stage. The May 27, 2010, DRC meeting will be one forum for discussion of issues, but we may not be able to offer complete assessment without the requested information Please do not hesitate to call me with any questions or concerns. Sincerely, ~~~ Planning Director Xc: Jim Scholl, City Manager Mark Finigan, Assistant City Manager David Fernandez, Assistant City Manager GEO File K:\Geo Projects\ Wisteria Island\akm-ch-051810.doc 1(ey to tlie Can'66ean - average yearfy temperature 77 0 'Falirenfzeit. Special Concurrency Analysis Based on City of Key West Levels of Service Standards Wisteria Island, Monroe County Prepared by Trepanier & Associates, Inc. Revised May 25, 2010 EXECUTIVE SUMMARY This Concurrency Management Analysis was performed to understand the potential effects of the proposed map designation and text amendment of Wisteria on the City of Key West. The proposed designation is compatible with, yet significantly less intense than, the existing surrounding land uses. The property is unique in the respect that Wisteria does not have a Future Land Use Map designation. All areas of concurrency are addressed for potential impacts. Specific levels of service (LOS) issues have been analyzed. However, given its lack of current designation we are unable to run comparative analyses and instead employed a Hypothetical Maximum Impact Analysis. Calculations are weighted using a hypothetical maximum impact with functional occupancies and maximum occupancies (where appropriate) and then potential system capacities are estimated to determine concurrency. The following analysis demonstrates the urban services potentially needed as a result of the proposed FLUM designation and text amendment can be provided concurrent with any development. TABLE OF CONTENTS Data Sheets....... _.. _ _. _ _ _ _. _ _ _ _ _ _ _ __'" ___....... __ _..... 00 _ __ _ _ 00_ _ _ _ _. _ __.. _.. __ _ ___ __.. __ __ __ 00 _ 00 _ _ _ _ _ _ _ _....... _ __.. _ ___ __..... __ h' _ _ _ 00 00....3 Density! Intensity......... __ __ hhhhhh_hh_ __ __ __ __ _ __ ____.0000_0000_0000_ 00_ 00_0000..... ___h_h_hhhhhhh_hhh _____ __ __ __ __ _ ___00_ 00.4 Uti I i ty Transm issi on _____.. 00 _00 _ _ _ _ _ _ _ _ _... __..... ___...... _ _ _ _ 00 _ 00 _ 00 _ _ _ _. 00 _ 00 _. _.. __ ___ __.. _ 00_ 00 _00 00_ _ _ _ h...................... h' _ _ _ _ _ _...5 Transmission Overview. __ _ _ _ _ _ _ _ _ _ 00 _. _ _.. _ __ _.... ___... _.. __ _ _ _ 00 _ 00 _ 00 _ 00 _. _. _.. __......... _. 00 00_ __ _ 00_ _ _ _ 00 _ _ _.. _. _............... __ _ _ _ _ _ _ _..5 Anticipated System Upgradesh mmmmhhh.h___...h mm_mhmmmmm_. _. ,.. _ _ _ _ _ h h 00 mmmmmmh h _ _ __ _ _ _ _ 00_5 Fundi ng Source........ ___. __ __ _ _ _ _ __ __ __ _ _" __....... _._.. __..._ __ _ _ ___ _ _ _ __ _ __. _ _...._.._._.._. __ _ _ _ _ _ _ _ __ _ __ _ _ _ _ ___" __. _ __. _. _...... _. _ _ ___5 Sanitary SEWER & Potab Ie Water ..____._._.00._____00__000000_..... .....__... ._______00_00 _____.__...........__ ...____. 00.._00____00_.__....6 Sanitary Sewerage System Level of Service mm_.h__..__.h.m_.mm_mm__ ___ __ __..... _.m_ 00_ mhhmmmm__.___ m_6 Potab Ie Water Level of Service _ _ _ _ _ 00 _ _ _ _ _ _ 00 __.... _. _.. __. __ _ 00 _ 00 m 00 _ _ _ 00 00 00 _..... ___ __ _.. _ __ __. 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ __...... _ ___6 So I id Waste_ ______ ____.. _. _. _ _ _ _ _ _ _ _ 00 _ _ _ ___ __..... _...... _ ___. _ _ _ _ _ _ _ _ _ _. _ __. __.. _. _.......... _ __ _ _ 00 _ 00 00 _ 00_ _ _ _...................... ___00 _ _ _ _.....8 Sol id Waste Level of Service______m.mmmhhmmm______________h.mmmmmh _ _ _. _.... __.. _ _ _ _ _ _ _ _ _ _hhhmh__ __ __ __.8 Handl i ng Process _ _ _.. __ __.... __... _ _. _00 _ _ _ _ 00_ _ _ _ _ _ _ 00 _ __ _.. __..... __.. _ __ _ ___. _ _ 00 _ 00 00 00 _ _........... __. __h. _ 000000_00 _ 00 00 00 _ _.... _ __ __.9 Antici pated System Upgrades _ _ _ _. _. ____.. ___....... _ __ 00 m _ 00 _ _ 00 _ 00 00 _. _ _ __.. _ ___.. ___ __ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ m __ __. _.. __... __..... mm _..9 Funding Source.hhh_hhhhhh __________00000000000000_00_00 _. _.____.. ______.__ ___ _00_00_0000_00_._ __ _. _. __.... _..... h.hhhh_hhh __.9 Roads/Tri p Generation _ _ _. __.. __ ___... ______. _ _ 00_ _ _ 00 _ 00 00 _ _ _ _ _.... _. _ __... ___ __... __ __ 00 _ _ _ _ 00 _00 00 _.. __.... __... _. _... _ _ _ _ 00 _ _ _ _ _ _ _ 00 _. __... .11 Roadsffrip Generation Level of Service ___________. .mm_m__mm..________________mmm mmm_____.. __________.mm_.12 Tri p Generation Calculationsm._____ _______ mmh mmmmm_..____.__ __ __ m_ mmmmm. _ __. ,.. _. _....__ __ __ m _mmm.12 Residenti all Transi ent _......... __....... _ _ _ _ _ _ 0000 _ _ _ _ _ __.. _.... _.. __. __ __. ___. 00 _ _ 00_ 00 00 _ h............. __. __ _. _ __. __ 00 _ _ _ 00 h, _ ____ _ ___12 Non Residential. _ __... _ __. 00 00_ _ _ _ _ _ 00 _ _ _.. __... __. __ _.. _ 00 00 00 _ _ _ _ 00 _ _ _ 00 _ __ _ ____ __ _ _____ __ _ ___. _ 00 _ _ _ _ _ _ _ _ _ _ _ __ _... _... __......... __00 _00 _12 Mooring Field 000000_______..__.__..... __00_0000000000_0000_ __ __ __ __ __ __ __ __ __ __ _ _.00_0000_00000000 _ _ __ ,...... ,. _ _ __ __ __ __ _ 00000000000000__ _ .12 Parking _ _.. _... _....... __... ___.... _ _ _ _ 00 00 _.. _ _ _........ _......... __. __ _ 00 00 _ 00 _ _ _ _ _ 00 _.......... __... _ 00 00_ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ __.....__.... _ _ _12 Other Issues _ 00 _ _ _ 00 _ _ _ _ _ _ _ _ 00 _ _ _........ _... _.. _00_ _ _ _ _ 0000 _ _ 00 _ __.. _ __.. __. __. __.. _ h" _ _ _ _ _ _ _ _ _ _ _ _ _....... ____ _ __ __.... __ _ _ _ 00 00_ 00 _ 00 00 _...... _ .13 Harbor 1m pacts _ 00 _.... _... __..... __ _ _ _ _ _ _00 00 _ _ _ ____.. _. _ __.. __. _ __. _ __.. _ _ _ _ 00_ _ _ _ _ _ _ 00 __. __... __..... _.. 00 _00 00_ 0000_ 00 00 _ _ _ _. ___.... _ _. _ _13 Li fe - Safety Impacts _. _. 00 m_ _ _ 00 00 _ _ _.. _...... _.. _... _ _ _ _ m _ _ _ _ _ 00 _ _ 00 _ _ 00 _ 00 _ _ _.. _ __ __ _ 00 _ 00 _ _ _ _ _ _ _ _ _ _ 00 _ 00 _ 00 00 _.. __..... _ _ _. _ 00 _ _ m13 Summary E val uati on.. _. _ __ __..... _ __ _ _ _ _ 0000_ _. _ _ _..... __ _....... __. __ _ __ _ 00 00 _ 00 _ _ _00 _. _ _____ ___... __.. _ _ _ _ _ _ _ _ _ _ _ 00 _00 _ _ _ 00 00 _ _ _....... __00_0013 Page 2 of 13 Key West Comprehensive Plan OBJECTIVE 9-1.5: CONCURRENCY MANAGEMENT mandates "that facilities and services needed to support development are available concurrent with the impacts of such development" and requires a determination of concurrency be made prior to a development order or permit that authorizes the "commencement of construction or physical activity" . The proposed Future Land Use designation for Wisteria does not authorize the commencement of construction or physical activity. Notwithstanding, Policy 9-1.5.1 requires a demonstration that the urban services needed by a "proposed development can and will be provided concurrent with the development." Existing Future Land Use Designation Impacts: Wisteria has no Future Land Use designation and therefore upland impact calculations based on the current designation would be inaccurate and lack validity. Therefore, such calculations are omitted from the following analysis. The mooring-related impacts however, currently exist and therefore are accommodated in the analysis. Data Sheets: Population based on Occupancy Rates Use No, of Units People! Occupancy Total Unit rate population SF 35.0 2.4' 0.7- 58.8 Transient 35.0 3.0J 0.84 84 Affordable 5.0 2.4' LOb 12.0 Moorings on Owned Bay Bottom 57 1.57 0.38 25.7 Moorings Leased Bay Bottom 59.0 1.5 0.3 26.6 Population Total 207 Population - Maximum Occupancy Use No. of Units People! Occupancy Total Unit9 rate population SF 35 2.4 1.0 84 Transient 35.0 3.0 1.0 105 Affordable 5.0 2.4 1.0 12.0 Moorings on Owned Bay Bottom 57.0 1.5 1.0 85.5 Moorings Leased Bay Bottom 59.0 1.5 1.0 88.5 Population Total 375 , Average owner-occupied household size in Key West, according to US Census , Occupancy in Key West per US Census data , Based on an average of 1.25 people per bedroom room at Sunset Key and a mix of suite-style rooms -l Transient Occupancy in Key West per Mo. Co. TDC data .' Average owner-occupied household size in Key West, according to US Census o Applicant assumes employee housing occupancy at 100% ; Assumes 1.5 people per mooring (note: Live-aboards are not permitted on State Lands) " Based on average mooring ball occupancy rates provided by the Harbor Masters of the City Marina at Garrison Bight and Boot Key Harbor Marina <) Assumptions are the same as "Population Based on Occupancy" table above Page 3 of 13 DENSITY/ INTENSITY The proposed amendments place the following caps on the potential development rights of Wisteria: · 35 non-transient residential units · 35 transient residential units · 5 workforce housing units · 39,500 sq. ft. of non-residential floor arealO · i 1 00 moorings Non-transient residential density: 40 units / 21.3 acres = 1.8 units/ acre Transient Residential Density: 35units / 21.3 acres = 1.6 units/acre Transient and Non-transient residential density combined: 75 units / 21.3 acres = 3.5 units/acre Non-residential floor area ratio: 39,500 sq. ft. /927,828 sq. ft. = 0.04 Under the proposed amendment the total density shall be capped at 75 units or 3.5 units per acre. As a comparison, the permitted densities of the two adjacent future land use categories in the City of Key West, HRCC-l and HPRD are 22 units per acre. The actual density of the adjacent land uses as demonstrated in the Port and Waterfront Use Compatibility Analysis by Trepanier & Associates, 2008 is much higher. Under the proposed amendment the total non-residential FAR shall be capped at 39,500 sq. ft. (0.04). As a comparison, the permitted FAR of the two adjacent future land use categories in the City of Key West, HRCC-I and HPRD is 1.0. The actual FAR as demonstrated in the Port and Waterfront Use Compatibility Analysis by Trepanier & Associates, 2008 is much higher. 10 "Nollresidentialjloor area means the sum of the gross floor area for a nonresidential building or structure, as defined in section I 0 I-I, any areas used for the provision of food and beverage services and seating, whether covered or uncovered, and all covered, unenclosed areas. Walkways, stairways, entryways, parking, and loading areas are not considered floor area." - MCC Sec. 138-47 Page 4 of 13 UTILITIY TRANSMISSION Transmission Overview: The proposed FLUM Designation will allow potential development requiring utilities services including water supply for potable uses and fire protection, wastewater collection and transmission, plus power and communications. The Florida Keys Aqueduct Authority provides water service and the City of Key West furnishes sanitary sewer service and treatment in this area. The most feasible method for extending services to Wisteria Island is via subaqueous installation of utility connections from existing Sunset Key. These connections are already in place for services connecting Sunset Key to the main Key West Island. Various methods of construction would be evaluated including directional boring or other methods insuring protection of utilities from activity in the public navigation channel, vise versa. Anticipated System Upgrades: The potable water and sanitary sewer mains servicing Sunset Key contain the necessary capacity for adding Wisteria Island. However, ancillary improvements on Wisteria Island will consist of the following: · Sewage pumping station to provide wastewater transmission from Wisteria Island to the connecting utility at Sunset Key and eventually to Key West main island. · Potable water storage and repumping facilities with suffIcient capacity for emergency storage for potential interruptions in service and equalizing storage to meet fluctuations in daily demand. . A separate fire protection system for hydrant flow and indoor building sprinkler systems to meet local fire codes. Similar to Sunset Key, this could be a separate system charged with fresh water but fed by a saltwater fire pump plus storage as necessary. · Emergency power source for operation of the above facilities during significant power interruptions. Currently Sunset Key has a recycle pick up as needed, which normally means once per week. We anticipate combining the recycling from Wisteria into the existing system which could increase the frequency of pick up. All necessary contract adjustments will be made. Funding Source: All fees associated with anticipated system upgrades will be born by the owners of Wisteria. Page 5 of 13 SANITARY SEWER & POT ABLE WATER Sanitary Sewerage System Level of Service: Residential Uses: 100 gallons per capita per day for permanent residents and 90 gallons per capita per day for seasonal residents Non-Residential Uses: 660 gallons per acre per day The total capacity required for the maximum non-seasonal residential uses is: 100 gal/capita/day x 181 people I I = 18,100 gal/day The total capacity required for the maximum seasonal residential uses is: 90 gal/capita/day x 191.5 peoplel2 = 17,235 gal/day The total capacity required for the maximum nonresidential development of 0.906 acres of floor area IS: 660 gal/acre/day x 0.906 acres = 598 gal/day The total transmission capacity required for the maximum development of Wisteria is: 18,100 gal/day + 17,235 gal/day + 598 gal/day = 35,933 gal/day13 The Richard A. Heyman Environmental Protection Facility advanced waste water treatment plant has the available capacity to accommodate the potential impacts resulting from the proposed map designation. The current wastewater treatment plant has treatment capacity for 10 million gallons per day. Only 4.8 million gallons per day of capacity are currently utilized. Potable Water Level of Service: Residential Uses: 93 gallons per capita per day Non-Residential Uses: 650 gallons per acre per day The total capacity required for the maximum residential uses is: 93 gal/capita/day x 375 peoplel4 = 34,875 gal/day II Population based on the non seasonal population including non-transient market rate units, workforce housing units, and mooring balls over owned bay bottom 12 Population based on the seasonal population including transient units, and mooring balls over leased bay bottom 13 It is important to note that this number does not include a deduction for current moorings, because records show that pump out is not occurring around Wisteria and the applicant's assumption, supported by visual evidence, is that the current moored vessels pump/ dump their sanitary waste overboard into the near shore waters. 14 Population based on all residential uses. Page 6 of 13 The total capacity required for the maximum nonresidential development of 0.906 acres of floor area IS: 650 gal/acre/day x 0.906 acres = 589 gal/day The total transmission capacity required for the maximum development of Wisteria is: 34,875 gal/day + 589 gal/day = 35,464 gal/day The total supply capacity required for the maximum development of Wisteria is: 34,875 gal/day + 589 gal/day - 16,182 gal/dayl5 = 19,282 gal/day The Florida Keys Aqueduct Authority ("FKAA") has adequate supply capacity to serve the potential development. FKAA has constructed facilities on the mainland in Florida City to expand water supply for the Florida Keys. This permitted and constructed improvement enables FKAA to provide over 23 MOD, which will provide sufficient capacity through 202i6. Operational in 2010, the recent expansion of the R.O. plant will provide 6.0 MOD, which combined with the 17.0 MOD permitted withdrawal from the Biscayne Aquifer, increased available water supply to 23 MOD for the Florida Keys. Expanded Florida City R.o. Plant. The Department of Health issued Permit # 150092-007-wc/04 (Exhibit I) on November 14,2006 to allow for the construction of an expanded reverse osmosis (R.O.) water plant in Florida City. The expanded water plant is designed to treat blended Floridian Aquifer water as an alternative water source to the Biscayne Aquifer. The permit design capacity of the expanded R.O. plant is 6 MOD. Revised Water Use Permit. The SFWMD issued revised Water Use Permit (WUP) # 13-00005- W (Exhibit II) on March 26, 2008, which recognizes the additional blended Floridian Aquifer capacity that will be provided by the expanded R.O. plant. Interim Water Use Allocations in the WUP permit provide FKAA with an allocation of 17.00 MOD (dry season) and 17.79 OPD (wet season) which may be withdrawn from the Biscayne Aquifer and allows FKAA to utilize the Stock Island and Marathon Reverse Osmosis plants for any demands exceeding the interim withdrawal limit, pending completion of the R.O. plant in Florida City. The Stock Island and Marathon R.O. plants have a combined capacity of 3.0 MOD providing an interim WUP water supply of 20.0 MOD during the dry season if needed. Once operational in 2010, the R.O. plant will provide an additional 6.0 MOD, which when combined with the 17.0 MOD permitted withdrawal from the Biscayne Aquifer, will increase available water supply to 23 MOD for the Florida Keys. The interim allocation of20 MGD (7,300 MG/year) through 2010 and 23 MGD after 2010 provides ample water supply to support the adopted amendment and allocated growth well beyond 10 years. The "Monroe County 2007 Annual Public Facilities Report" documents historic water use in the Florida Keys. Water demand has fluctuated significantly on an annual basis, however when evaluated over a ten- year period, the data shows an increase in water demand of more than 1 billion gallons over the last 10 years with an annual average increase of approximately 104 MO/year. This increase in demand can be shown in the following calculation: 15 The supply capacity is less than transmission capacity because the supply is already impacted by the existing moorings. According to interviews with moored residents, potable water is currently obtained from the Key West Bight which is served by the FKAA source. 16 Excerpt from Analysis by Kenneth B. Metcalf, Alep, (Greenberg Traurig, P.A.). August 22,2008. Page 7 of 13 1996 annual water demand = 5,272 MG Iyear 2006 annual water demand = 6,310 MG Iyear Average Annual Increase = (6,310 MG - 5,272MG)/1O = 103.8 MG Iyear Based on the average annual increase of 103.8 MG per year, the interim allocation would be sufficient for an additional 9.5 years of growth beyond 2006 or through 2015 until demand reaches the interim permitted withdrawal of20 MGD (7,300 MG/year). Since completion of the Florida City facilities, the 23 MGD allocation is available to support yet another 9.5 years of growth. Based on these findings, sufficient permitted water supply is available to meet the needs of the Florida Keys through 2024. Improvements Schedule/Status. Condition 30 of the WUP provides the R.O. plant and the associated Floridian deep wells that will provide 23 MGD of capacity through 2024: . DEP Underground Injection and Control permit was obtained on May 21, 2008. . Construction contracts were required within 180 days or by November 21,2008; . Testing is required within one year and 30 days from issuance of the permit or by June 21, 2009. . The R.O. plant construction was completed in January, 2010. Page 8 of 13 SOLID WASTE Solid Waste Level of Service: Solid waste handling will not impact the City of Key West's solid waste handling system. Wisteria, like Sunset, will be handled commercially. Commercial handling is by private contract between the user and a licensed waste hauler. Applying the Key West LOS for solid waste we calculate the following capacities: Residential Uses: 2.661bs per capita per day Non-Residential Uses: 6.37 lbs per capita per day The occupancy-rate based capacity required for the residential uses is: 2.66 lbs/capita/day x 207 people = 551 lbs/day The occupancy-rate based capacity re~uired nonresidential uses is: 6.37 lbs/acre/day x 73 people1 = 465 lbs/day Total occupancy-rate based capacity required: 551lbs/day + 465lbs/day = 1,016Ibs/day According to the Monroe County Facilities Capacity report, there is adequate solid waste capacity for the next 8 years of new development. Any potential development on Wisteria, will not add to the solid waste stream because no new units will be created. All units will be transferred from existing or previously existing units. The City of Key West also has approximately 30% excess solid waste capacity, according to the Key West Utilities Manager, and with increased recycling, the City expects that excess capacity to increase. Handling Process: In this case, handling will programmatically mirror that of Sunset Key. Sunset contracts with Waste Management for a single compactor for household and restaurant waste, a roll-off dumpster for yard waste. The containers are housed on Sunset Key. Recycling is handled internally with pick up on an as needed basis. A Waste Management truck is ferried to the island on an as needed basis (usually once per week) where it deposits an empty compactor and roll-off dumpster. The truck retrieves the full units and is ferried back across the harbor. The truck hauls the trash to Rockland Key, where it is transferred and hauled to the Mainland. Anticipated System Upgrades: Currently Sunset Key has a recycle pick up as needed, which normally means once per week. We anticipate combining the recycling from Wisteria into the existing system which could increase the frequency of pick up. All necessary contract adjustments will be made. Funding Source: All fees associated with solid waste handling will be born by the owners of Wisteria. 17 Based on industry standard of one employee per occupied room. Page 9 of 13 ROADS/TRIP GENERATION R d IT' G ti L I fS oa s rIP enera on eve 0 ervlce: Roadwav Facilities Segment 1993-210 State Urban U.S. 1 D A = Free flow Principal Arterials N. Roosevelt Blvd. D B = Reasonably free flow Truman Ave. E C... Stable flow Whitehead St. E D "" Approaching unstable flow County Urban Minor Arterials D E = Unstable flow County Urban Collectors D F = Forced or breakdown flow City Urban Collectors D T' G ti Cllti rIp en era on a cu a ons: Trip Generation ITE # Land Use Amount Trip Rate Total Weighted Classification Vehicle Trips per Day Residential Residential Planned Unit Single Family Development (ITE Class 35.0 7.5 55.118 No. 270) Transient All Suites Hotel (ITE 35.0 6.2 45.519 Class No. 311) Employee Housing Apartment (ITE Class No. 5.0 6.7 16.820 220) Residential Total 117.4 Non-Residential Restaurant Quality Restaurant (ITE 4,000.0 90.0 Class No. 931) 179.921 Bar Drinking Place (ITE Class 1,600.0 11.3 No. 936) f 4.522 Harbor Master (ac) (ITE Class No. 420) 0.1 20.9 2.09 Non Residential Total 186.5 Total Residential & Non-Residential Trips'.! 303.9 Current levels of service for Key West roadways were not available at the time of this analysis. As reported in the County's staff report, "Trip generation estimates are based on the closest categories to Mooring Field and categories matching the maximum. The ITE numbers were weighted to more closely represent the nearly closed system Wisteria Island represents. 18 Experience at Sunset Key demonstrates less than 30% of the residents have a vehicle in Key West 19 Experience at Sunset Key demonstrates less than 30% of the guests come to the resort with a vehicle 20 ITE studies are based on a mainland suburban environment. Given the closed system aspect of Wisteria, applicant anticipates off-island trips to be reduced by approximately 50%. 21 Experience at Sunset Key where approximately 50% of the restaurant trips are internal (i.e. guests of the resort and residents of the island constitute approximately 50% of the clientele of the restaurant and do not generate off-island trips 22 Experience at Sunset Key where approximately 75% of the bar trips are internal (i.e. guests of the resort and residents of the island constitute approximately 75% of the clientele of the bar and do not generate off-island trips 2~ Trips, per industry standards, constitute all trips whether they are by foot, bike, dinghy, private boat, water taxi, automobile, bus, etc. Therefore it is important to consider that the total number of trips can be reasonably expected to be multi-modal (i.e. spread among various types of transportation modes and various points of departure and arrival) Page 10 of 13 The weighting system used reflects the occupancy approach itemized in the table [above] and internal trips using available knowledge and experience from the adjacent Sunset Key." Residentiall Transient: As reported in the County's staff report, "Proposed dwelling units would be located on Wisteria Island, so all trips to and from the Island will be accommodated within multi-modal context, with the majority of trips likely to occur within the existing water taxi service currently operated by the managers of Sunset Key. The Sub-Area Policy requires residential and transient units to be transferred to Wisteria from other locations. Therefore, given that no new units will be created, no increase in overall trip generation will result County-wide; notwithstanding, there will be a relocation of trips from the current or previous location of the units to Wisteria Island. As previously mentioned the trips associated with the units, which were previously, presumably, primarily land based trips will become multi-model trips spread across land and water with a variety of origination and departure points." The total per day trips at maximum potential development is estimated at 117. Non Residential: The potential trip generating non-residential floor area is an allowance for a bar and restaurant. Again all access to the island will be by private boat or water taxi service. Therefore the total per day trips resulting from non-residential floor area is estimated at 304 Mooring Field: No new impacts are anticipated. As part of the Fish & Wildlife Pilot Mooring Field Program, we have begun monthly surveys of the illegally moored vessels around Wisteria. Data for the March 2010 reveal 106 vessels currently moored, 65 of which are liveaboards. Formalizing and controlling the mooring of vessels around Wisteria will create no additional transportation impacts above those already included in the level of service calculations of both Monroe County and The City of Key West. Parking: The mooring field impacts with regard to parking will not change as a result of this designation. The parking impacts already exist and as such should be accounted for in both the County's and the City's Public Facilities Capacity Reports. We know from experience at Sunset Key, that few residents keep vehicles in Monroe County or the City of Key West. Parking for Sunset is accommodated within a parking structure at the Westin. This structure has.:!:: 100 space excess capacity that could be used in association with development at Wisteria. Parking for the private boaters is already accommodated dock-side as required by both the Key West and County codes. Additionally, the County's Development Review process requires appropriate traffic and parking studies be performed at the time of development review. Page 11 of 13 OTHER ISSUES: Harbor Impacts No physical structures are proposed to impact the harbor or the navigational channel. Life-Safety Impacts Currently the life-safety impacts of Wisteria are extensive. Data available from 2003-2008 shows an average of 37 calls per year. However, once the FLUM is adopted and on-island activity commences, life-safety impacts are expected to closely approximate that of Sunset Key, which averages 8 calls per year. The responding agencies for Wisteria are predominantly the County Sheriff, USFW, US Border Patrol. Any responses by the City of Key West would be governed by the existing mutual aid memorandum of understanding. Wisteria Call Summary Year No. of Calls 2003 21 2004 36 2005 28 2006 67 2007 28 2008 40 Area Check Abandoned Boat Abandoned Vehicle Abuse - Elderly Aircraft Patrol Armed and/or Caution AssaultlBattery Assist Other Agency Assist Public Battery Wisteria Life-Safety Call Summary Boat Citation Boat Fire Boating Incident Boating Inspection Brush/ Trash Fire Derelict Boat Derelict Vessel Disabled Vehicle Disturbance Domestic Violence EMS Call En Route Water Patrol Federal Water Patrol Fire Call Fire-Structure Follow Up Investigation Gas Leak/Fire Grounded Boat Incident Lobster Lost/Found Property Marine Violation Medical Assist/Fire Miscellaneous Navigational Hazard Off-Duty Employment Office Time Pass-On Police Service Required Reckless Boat Record Saltwater Species Sea Turtle Special Detail Special Duty Stolen Vehicle Suspicious Activity Suspicious Incident Suspicious Person Theft Threats Traffic Stop Trespass Follow Up Trespassing Turtle Vehicle Crash Vessel Stop Vessel Theft Warrant Service Sunset Life-Safety Call Summary Alarm Armed Person Domestic Fire Call Foot Patrol Miscellaneous Obscene/Harassment Public Assist Sick! Injured Special Check Special Event Suspicious Incident Suspicious Vehicle Theft Traffic Stop Trespass Vessel Stop Warrant Water Assignment Page 12 of 13 SUMMARY EVALUATION Policy 9-1.6.3: Evaluation Criteria for Plan Amendments. Pj-opo~ed Plan amendments . and requests fo.r new development or redevelopment shall be evaluated according.to the Compliance following guidelines: a. Does the proposed action contribute to a condition of public hazard as described in the No- In Compliance Public Facilities and/or Coastal Management Elements; Does the proposed action exacerbate any existing condition of public facility capacity b. deficits, as described in the Transportation Circulation, Public Facilities, and/or No- In Compliance Recreation and Open Space Elements; c. Does the proposed action generate public facility demands that may be accommodated No- In Compliance by capacity increases planned in the Five-Year Schedule ofImprovements; d. Does the proposed action conform with the future land uses designated on the Future Yes- In Compliance Land Use Map within the Future Land Use Element; e. Does the proposed action comply with and accommodate public facility demands Yes- In Compliance based on the adopted level of service standards contained herein; All fees associated with If the proposed action requires that any public facilities be provided by the City, there Anticipated System f. Upgrades will be born by shall be a demonstration of financial feasibility; and the owners of Wisteria- In ComDliance g. Does the proposed action impact facility plans of any State agencies or facility plans No- In Compliance of the South Florida Water Management District. h. Does the proposed action have adverse impacts on natural and environmental No- In Compliance resources, including near shore waters, the reeftracts, and marine resources. Page 13 of 13 THE CITY OF KEY 'NEST Post Office Rox 14.09 Kt'\ \Vest, FI 3304.1-I:l:Q.0 ('J,O~ 809-2ZQQ___nm July 2, 2010 VIA ELECTRONIC MAIL Christine Hurley, AICP Director, Growth Management Division Monroe County Marathon Government Center 2798 Overseas Hwy., Suite 410 Marathon, FL 33050 RE: Wisteria Island Comprehensive Plan Amendment Request Dear Ms. Hurley: On May 27, 2010, the City of Key West conducted a Development Review Committee (DRC) meeting to facilitate a dialog between city and county staff regarding the county's proposed comprehensive plan land use amendment for Wisteria Island. This meeting was held in furtherance of intergovernmental coordination activities initiated by the county regarding the potential impacts of the proposed amendment on the City of Key West. We appreciate the attendance of county staff and developer representatives at that meeting, and understand that a variety of issues were discussed and additional information was requested in a number of key areas. A copy of the draft DRC meeting minutes is attached for your information. At your request, I have provided additional detail in this letter on data and analysis needed by the city in the area of wastewater treatment. In general, staff comments during the DRC meeting indicated that a full assessment of potential impacts is needed for the entire project as it relates to Key West, including the proposed transient and residential units, the 55-slip marina and associated support facilities, the 100-ball mooring field and the up to 39,500 square feet of non-residential (possibly commercial) space. City staff does not concur with the applicant's position that the mooring field impacts already exist, and requests that each of the proposed plan amendment components be addressed. The city understands that the county and city use different definitions for transient units, marinas and non- residential square footage. Although the city is unable to use county definitions in an assessment of impacts within the jurisdiction of the city, it would be helpful to have an estimate of what is anticipated within each of those categories in order to correlate maximum impact assessments to the city's comprehensive plan and land development regulations. It is apparent from the DRC meeting that the developer expects the city to provide fire and police services, as well as wastewater treatment and docking access at Trumbo Road for increased solid waste transfers. It is unclear whether the county intends to lead intergovernmental coordination regarding these issues, or to have the applicant approach the city. However, please note that existing agreements between the countyeand the city do not appear to enable provision of fire and police service on and around Wisteria Island, and July 2, 2010 Page 2 modifications to existing agreements or new agreements in each of these areas may be required. In addition, special agreements with the city will likely be necessary in order to accept wastewater and solid waste from Wisteria Island. The city remains concerned about potential impacts related to the transfer of Rate of Growth Units (called Building Permit Allocation System units in Key West) within the Lower Keys area to the Key West segment of the hurricane evacuation model. Analysis of hurricane evacuation model impacts was offered by the county at the DRC meeting, and is important to the city in understanding this critical issue. Wastewater treahnent is an especially sensitive issue in the Florida Keys, and the city has invested in a wastewater treahnent system which ensures that more than 99% of all wastewater within our jurisdictional limits is treated. Please note that although the system on an average daily basis operates at less than capacity, that does not mean that the city necessarily has significant excess capacity at peak periods, or that excess capacity is necessarily available to the city due to long term agreements regarding capacity reservation with the United States Navy. As a potential utility provider, the city expects a detailed analysis of transmission capacity and wastewater generation. Although that analysis may exceed the level normally considered relevant for a concurrency analysis associated with a comprehensive plan amendment, the county's request for city provision of utility service is not just a comprehensive plan amendment issue; rather it is a technical and policy issue which will require in depth analysis by staff and ultimately approval by the city commission since the proposed service area is outside of the city's jurisdictional limits. Specifically, the city requests that the county provide the following, with the understanding that additional information may be required iteratively in response to this data: . An assessment of average daily and maximum wastewater generation expected from the entire project, including all transient, residential, marina, mooring field and commercial development enabled by the proposed amendment; . A detailed explanation of how wastewater will reach Sunset Key including a description of regulatory approvals and/ or state land approvals necessary to extend new force mains to the island; . A description of the condition and capacity of the force main from Sunset Key to Key West, including existing permits and submerged lands information on the pipe line route; . An analysis of necessary pipeline improvements and approvals required to accommodate the increased wastewater flow, including evidence of coordination with the United States Army Corps of Engineers relative to the Federal Harbor Project; . An analysis of pump station capacity on Sunset Key; and, . An analysis of the gravity wastewater system at the receiving point in Key West. Please note that the city is under no obligation to provide utility service for development now allowed on Wisteria Island or for development which would be enabled by this amendment, and that the assumptions '1\1) to the Cari66ean - a'verage year(y temperature 77 0 q'ahrenheit. July 2, 2010 Page 3 included in county documents that city service is available are not appropriate at this time. Further, please be advised that any agreement with the city to extend services, if such agreement is reached, will be subject to fees or other charges yet to be determined. The city anticipates that individuals moving to and from Wisteria Island will do so from our jurisdictional limits. Our experience with our own mooring field, which is located further from our upland support systems than Wisteria Island, lead to the concerns raised at the DRC meeting. We believe it is unlikely that mooring field occupants will always go to Wisteria Island then take a water taxi to Key West proper. Further, it is not clear whether existing vessels at anchor in the vicinity will use the mooring field. The need for appropriate upland support facilities, adequate service support, and appropriate enforcement is central to the success of mooring fields, and we suggest that the county further consider how such a facility, as well the other development types enabled by the amendment, will be managed over the long term and how such potential development might impact the city. The city appreciates the county's interest in conducting a thorough intergovernmental coordination process. While we believe that together we have begun to understand the facility better, more information is needed in order to determine whether an impact will be created by the amendment. We have worked hard to provide feedback since the request for coordination was received in May; however, it is important to understand that the issues involved are complex and that the city is a relative newcomer to the longer dialog that the applicant has had with the county. As such, both the county and applicant should be mindful that coordination is an ongoing and potentially lengthy process. On May 24, 2010, City Manager Jim Scholl requested that the county draft an interlocal agreement in accordance with existing intergovernmental coordination element requirements. The agreement would address the required creation of a Technical Coordination Committee. It may be that such a committee is the appropriate mechanism for the continued review of this project. Please do not hesitate to call me with any questions or concerns. , Amy Kimball-Murley, AICP Planning Director Attachments Xc: Jim Scholl, City Manager Mark Finigan, Assistant City Manager David Fernandez, Assistant City Manager Shawn Smith, City Attorney 'l(f?Y to the Cari66ean - average .yearCy temperature 77 0 Fahrenheit. Minutes of the Development Review Committee Meeting of May 27, 2010 Amy Kimball-Murley, Planning Director, convened a meeting of the Development Review Committee of the City of Key West at 2:00 PM, May 27, 2010. The meeting was held at Old City Hall, in the antechamber at 510 Greene Street, Key West. 1. Roll Call 2. Approval of Agenda Amy Kimball-Murley, Planning Director John Cruz, Building Official JR Torres, KWPD Gary Bowman, Engineering & General Services Alan Aver Cynthia Enid Di Present for the Roll Call were: Planning Staff: Brendon Cunningham Ashley Monnier Patrick Wright Comments received from: FKAA A motion to approve as seconded by Mr. Cruz. 3. a. 4. ris St t (RE# 00067640-000000) - A variance request for proposed rear- coverage and impervious surface ratio in the Single Family zoning district (6)(a)(3), 122-238 (4)(a), and 122-238 (4)(b)(l) of the Land Development de of Ordinances of the City of Key West, Florida. overview of the project. The applicant wishes to cover an existing brick patio with Mr. Bowman, Mrs. Torregrosa, Mr. Torres, Mrs. Domenech-Coogle and Mrs. Nicklaus had no comments. Mr. Averette clarified that the proposed porch was going to be open-air. Mr. Cruz asked if the structure was meeting the 150 uplift on the roof. The applicant stated that they were meeting the uplift. DRC Meeting Minutes May 27,2010 Page 2 of 10 Mrs. Kimball-Murley reviewed the hardship criteria for variances and gave the applicant and members of the public an overview of the variance process and the importance of the good neighbor policy. b. Exception for Outdoor Display - Lazy Way Lane (RE# 00072082-003903, 00072082-003904 and 00072082-003905) - An application for Exception for Outdoor Merchandise Display, to allow the display of merchandise sold in store, for eight retail spaces within two parcels located on Lazy Way Lane in the HRCC-l zoning district per Section 106-52 ofthe Land Development Regulations of the Code of Ordinances of the City of Key West, Florida. Ms. Malo gave an overview of the project. The applicant wishes to standardize the type of outdoor display and limit display to certain items, specifically on the pore in front of the structures. The merchandise for display is limited to merchandise sold at the busin Mrs. Kimball-Murley noted that this was a group applicatio current and future tenants. She stated that ingress and egre concerning fire codes. Mr. Bowman, Mr. Cruz, and Mr. Torres had no c Mr. Averette clarified that the displays wo emergency egress. ilable space for gabled front porches, flat fa9ade, and the the building. Mrs. Torregrosa stated that . ecture of the building, specifically the egress should be considered for ext to the front door. Mrs. Nicklaus stat outdoor displa egress on th as well as the capability of reach for the rther clarify access as well as ingress and planned on removing any of the palm trees from the ad not planned to remove any trees from the property. t that it was against code to hang display items from trees. c. r Merchandise Display - 129 Duval Street (RE# 00000520-000100) - An tion for Outdoor Merchandise Display in the HRCC-l zoning district per Land Development Regulations of the Code of Ordinances of the City of Key Mrs. Monni gave an overview of the project. She stated that the applicant wishes to display two surf boards outside the entrance to the shop as well as adding a booth for ticket sales. Other activities proposed would be body painting as well as outdoor speakers. Coordination with HARC would be required to determine much of the proposed plans. Mrs. Monnier stated that the applicant still needed to provide a design for the booth, a copy of the deed, authorization form, verification form, and further work to the site plan. Mr. Bowman and Mr. Torres had no comments. Mr. Averette stated that as long as the doors are clear from obstruction the egress is sufficient. DRC Meeting Minutes May 27,2010 Page 3 of 10 Mrs. Torregrosa stated that some of the proposal will require HARC determinations. She asked the applicant to clarify the function of the red Craftsman roller. Marius Venter explained that the box was a small tool box on wheels used for storage. He also explained the dimensions and purpose of the porch. He clarified that the surf shack does not sell surfboards, so they would not be considered signage. Mrs. Torregrosa explained that they would need to further clarify the items considered outdoor display and bring it before HARe. Mrs. Nicklaus stated that the porch and ticket booth must be compliant with ADA. Mr. Cruz stated that the building department would need to review fu Mrs. Domenech-Coogle questioned what the current regulation stated that what the applicant is proposing is within the de fin . . Mrs. Kimball-Murley stated that the regulations for ou concern about volume regulation and questioned if possible. stringent. She expressed her part of the proposal was Marius Venter stated that he added differe individually to the committee members on sta f' be brought up oper site plans, as well as a more detailed d give useful feedback on the proposed d. Easement - 5203 College Road (R Key West in the Conservation Ma Development Re ns of the Code asement request with the City of rict per Section 2-938 of the Land City of Key West, Florida. . She stated that in the 1960s a jet fuel pipeline had been to Naval Air Station Boca Chica. Part of the pipeline is without obtaining an easement from the city. Mrs. al resource permitting was possibly dated. p be a would with the e is evacuate onstruction and route of the pipeline. He stated that city crews doing ck th pipeline recently, so the proposed construction would be to take the ound as to avoid further incidences. The proposed change in the pipeline would e that is in the block valve which is in an enclosed private fence. The pipeline pth from 3 feet to 7 feet. He also stated that there is no new construction planned xcept to take the pipeline deeper into the ground. Once every five years the pipeline pressure tested and they would like to do the construction during that time. Mrs. Kimball-Murley stated that potential construction impacts would need to at a minimum conform to natural resource protection regulations. Mr. Bowman asked the applicant if the application was just for a clarification of the easement in the legal description. Bill Pence clarified that there was no error in the legal description, but the application was meant to establish a lawful right for the presence ofthe pipeline. Mr. Bowman asked the applicant if they were going to contact the city Building Department in regards to any construction. Bill Pence confirmed that he would contact the city Building Department. He stated DRC Meeting Minutes May 27,2010 Page 4 of 10 that he had discussed with staff that he had no objection to the easement if it included language that construction and repairs could take place that would follow city codes. Mr. Bowman asked the applicant if the project fell under the DEP permitting for minerals or jet fuel. Bill Pence stated that they were evaluating any possible permitting necessary. He expressed concern over the time period in which they planned to do the construction and whether they would have a lawful right to be doing the work if it had not gone to city commission by the time they started the construction. Mr. Bowman and Mr. Averette asked the applicant for clarification on how the pipeline would be evacuated, as well as the location and function of the block valves. They also expressed concerns over safety and fire issues. Bill Pence explained the process as well as function of the valves and the regulatory standards and procedures they must be compliant with. Mrs. Nicklaus recommended the applicant coordinate right-o Mr. Cruz recommended that the applicant be in contact w' Mrs. Domenech-Coogle expressed concern over Mrs. Torregrosa and Mr. Torres had no co Mrs. Kimball-Murley stated that the applicant forward, including a special purpose survey. Mrs. Ki would need clarification. Patrick Wright read the following c n west side of the road same side of the s must be maintained when working near e. 07600-000000) - A variance request to allow the ide and rear yard setbacks in the Historic High per Section 122-1184 of the Land Development e City of Key West, Florida. f the project. She stated that she was concerned that the proposed of the property value. She also recommended that the applicant their neighbors because of the proximity of the air conditioner to the d that he had discussed the 66% issue with the contractors and they stated fthe work it would not be an issue. rley suggested the applicant coordinate with the Building Department to determine if e to the 66% rule. Mr. Averette asked the applicant if the air conditioner would remain within the footprint of the house. Guillermo Orozco informed Mr. Averette that the air conditioner would stay within the existing footprint. Mrs. Torregrosa, Mr. Bowman, Mr. Cruz, Mrs. Domenech-Coogle, and Mr. Torres had no comments. Guillermo Orozco stated that he had contacted the neighbors and had received a letter which he would give to staff. DRC Meeting Minutes May 27,2010 Page 5 of 10 Mrs. Kimball-Murley stated the importance of the good neighbor policy in this process. Mr. Cruz asked what kind of air conditioning unit would be used in concern for noise output. Guillermo Orozco stated that the unit was made by Rheem which is one of the quieter brands. f. Intergovernmental Coordination - Monroe County Comprehensive Plan Amendment - Wisteria Island - A request from Monroe County, per the Goals, Objectives and Policies in the adopted Monroe County Intergovernmental Coordination Element, for a City of Key West impact review of a proposed modification to the Future Land Use Classification and an associated sub-area policy text amendment for Wisteria Island. The proposed amendment is the to the "Mixed Use Commercial" Future Land Use Classification. The associa subarea policy may limit development to approximately 75 units of mixed residential an . nt development, a 100-ball mooring field, a 45 slip marina, a water taxi and 39,500 squ t of commercial space. Patrick Wright read the following comments in the record: . currently supply the project West side) has sufficient The developer/owner is I r - i.e. design, interconnection ner and all future ice Contract" for such unique service. r specific design requirements, ownership d. Key's is not opposed to working with Key to investigate (contractually and Igh voltage lines on Sunset Key. ery good and detailed coordination . as no utilities serving Wisteria Island. A d to determine if the installation of FKAA ew Committee (DRC) members and members of the ounty both have in their adopted Comprehensive Plan, IOn ose elements require that amendments which may have an of the re evant jurisdiction be coordinated. She then stated that a little ty initiated intergovernmental coordination with the City for that s, objectives and policies in their intergovernmental coordination d use map and associated sub-policy amendment for Wisteria Island. pro] so whe moved fo type of man tated that this DRC meeting is the city's first step in trying to understand the ether there are any impacts created by the project within city boundaries, and if measures can be implemented. This meeting is the first step as this amendment is ough a regulatory process. The city will likely convene another DRC or in another o assess the project at a later date in the amendment process. Mrs. Kimball-Murley then outlined the major steps of a Comprehensive Plan amendment. She stated that Monroe County's Planning Board will make a recommendation to the Monroe County Commission. The County's Commission would then transmit this item to the state, regional planning council and associated agencies and the City of Key West for review and comment. This phase is often called the objections, recommendations and comments stage. After the second reading, there is a review period that occurs under two different statutory areas because the project is located in an Area of Critical State Concern. She then stressed to the members of the public that the DRC is not a decision making body nor is it a public hearing body although we do welcome public comments as part of this process. The DRC is a technical review committee looking at the information available and in fact may have more questions than answers today. DRC Meeting Minutes May 27,2010 Page 6 of 10 Mrs. Kimball-Murley stated that the developer had some concerns that the terminology used by the City is different than that used by Monroe County. The City of Key West has different land development regulations and comprehensive plan. The way we describe projects is distinctively different than Monroe County. There are two specific areas where Key West's definitions differ from the county's definitions. The 55-slip docking facility appears to be a marina under the City of Key West marina definition but may not be under the county definition; and, the City does not have non-residential rate of growth ordinance for commercial and associated square footage. We welcome a description of what is actually proposed here in more detail and the more information we can get in advance, the better we can respond professionally. She then stressed that infrastructure provision is a key statutory component of any comprehensive plan amendment. Ms. Christine Hurley, Director of the Growth Management Div' a description of the proposed amendments. She stated November. Originally the applicant requested a strai designation, which allows a whole host of developmen discussions, including the Department of Communi level, DCA suggested that the county accompan policy, which is basically a comprehensive geographic area. In general, there has been process and this is the very beginning. e Commission for a motion on June 9th and are hop! this on June 29th. There are two transmittal hearings and this is the first transmittal he' F or it to count a to adopt it before the end of the ye nsmittal hearing occur at the earliest at the end of the lot of differen policy is that staff has recommended ate of completeness on a 100 plus public ecreation en space. Along with that, they could also acilities for a water taxi, a dinghy dock and up to 55 wet and 35 for private use. A harbor master building, a ship vention and suppression systems that go along with includes 35 market rate permanent houses, 35 transient housing units, and a restaurantlbar facility. The way the to the co mercial square footage allows up to 35,500 non-residential ar is less than 10,000 square feet, a minor conditional use would be onal use that goes through a hearing process but is ultimately lanning Director. If the restaurantlbar facility exceeds 10,000 square door covered seating, it would require a major conditional use, which would the Planning Commission. Ms. Hurley informed members that the housing major conditional use. ey asked Ms. Hurley for clarification on the constituency of the public access d if the vessels located in the water surrounding Key West would be pulled into this mooring fie or whether it would provide an opportunity for those who voluntarily want to come to the mooring field. Ms. Hurley stated that is would be similar to the mooring field that Key West operates now, in which the people that exist now have an opportunity to rent a ball. Mrs. Kimball-Murley then inquired about the County's pilot program that would enable the County to take on more of a regulatory approach to vessels that are moored under certain circumstances outside of these regulated areas. Rich Jones, Marine Resources Administrator, clarified for members that they are a partner with Monroe County, the City of Key West and the City of Marathon for the FWC pilot program. Mr. Jones gave a brief overview of the pilot program. The FWC pilot program would allow the local government to develop regulatory policies to regulate the anchoring activity of non-live aboard vessels. This same program may apply to the area outside Wisteria Island. Mrs. Kimball-Murley asked DRC Meeting Minutes May 27,2010 Page 7 of 10 that from a regulatory and enforcement program stand point, does the County have a long range plan relative to adopting regulations that allow that additional enforcement and then providing staff and some sort of supplemental patrol unit. Mr. Jones stated that FWC will provide the enforcement arm of the pilot program. FWC already provides enforcement for all of the regulatory zones in the counties and in the cities. The program would have to be passed by the local government and approved by the FWC. He then clarified for Mrs. Domenech-Coogle that they will start developing this ordinance in about a year, and if passed, would go into effect 2012, and then the entire pilot program would expire July 1, 2014 unless the Legislature decides otherwise. Mrs. Kimball-Murley expressed her concern that adding a mooring field to this location is adding another use, which generates impacts, not necessarily negatively construed, but one that should be part of the analysis. Ms. Hurley addressed Mrs. Kimball- Murley's concern, in which, what she is referring to is the pump out cility that would be installed on the island would be connected to sewage, which would create imp Ms. Marilyn Wilbarger, City of Key West Senior Property West Bight is already overcrowded with dinghies. If over to consider the impact it would have on public prope boaters would be asked to or required to leave their them into Key West. Ms. Hurley stated that the e 0 will serve that area and still come into Key We stated that at this point, the Key s out there, the city would need asked for clarification if the opposed to trying to bring i and the dinghy docks Mrs. Domenech-Coogle asked Ms. Hurley If th West Bight but also the unattended dinghies at Si areas for crafts. Ms. Hurley stated that they have not ation not only Key are used for landing forcement activity on the island since as how response time would be nt will handle the law enforcement. does maintain enforcement on Sunset urley added that Key West has an active between 1 enforcement agencies may require interlocal ich is mutual aid to accommodate those types of services. ownership/management overlap between Sunset Key ent of FEB Corporation stated that they have owned ross ownership with the Sunset Key operation. Individual have inq red an ownership interest in FEB Corporation and they are gether. Any arrangements in respect to utilities or other services that of appropriate arms length contracts. Mr. Bernstein clarified for point they have not decided on management for the housing portion. d tha e DEP will require a mooring field management plan. The developer's dinghy impacts to the waterfront of Key West but rather to reduce them by ffic on Wisteria Island and providing scheduled water taxi service between ng pier at the Westin marina. rs. Enid Torregrosa, asked Ms. Hurley how they will handle the existing wreck on site. Mr. B stein stated that they have commissioned research on whether or not that vessel is in fact the remains of the Wisteria. The research is going as far back as 1861 and bringing it forward. Mr. Bernstein stated that if the vessel turns out to be the Wisteria, it would be moved, protected and kept as a historical artifact. Mrs. Kimball-Murley asked Ms. Hurley if it is the County's assumption that the city will be providing waste water management. Ms. Hurley stated that in order to protect both the city and county as far as the infrastructure provision, infrastructure is referenced in two places in the sub area policy . Water, sewer and solid waste services shall be constructed by the owner of Wisteria Island at the owner's expense. All approvals and permits by service providers shall be granted prior to application for minor or major conditional use for upland development permitted within this policy, meaning, they will seek DRC Meeting Minutes May 27,2010 Page 8 of 10 approval from the service provider prior to seeking the minor or major conditional use. Mrs. Kimball- Murley then asked if their analysis is based on water, sewer and solid waste services going through the City. Ms. Hurley stated that their policy language depends on it happening. What they are anticipating is that they would process this policy language and simultaneously apply to actually get development approval for any of these items they will have to demonstrate that services can be provided and if they cannot, then they will be unable to move forward with development. Mrs. Kimball-Murley asked for clarification on the intention to facilitate the sewer for waste water impacts through an extension on the line from Sunset Key since there is no anticipation of a separate extension to Wisteria. Ms. Hurley stated that the applicant has provided that information but that they have not evaluated the lines at this point. Mrs. Kimball-Murley the quested additional information on what the anticipated non-residential square footage uses may b as uses for the 75 units and 55 slips and mooring field. She then stated that they would 0 discuss in further detail precise levels of analysis as well as the process relative to how th pts waste water from outside its jurisdictional boundaries. Ms. Hurley stated that the a . cluded those estimated feature capacities needed. Mrs. Kimball-Murley stated that those numbers included the mooring field since that was excluded from the anal The owner's representative, Owen Trepanier proposed request and concurrency perspecti Mrs. Kimball-Murley asked Mr. Trepanier for cl program of development as discussed today. Mr. Tre as a brand new impact in the sew d solid waste analy e engineers who designed all of ey have been asked to partake in Wisteria is to go through Sunset Key ould be that the line would be installed as the trans IOn mains would be buried in the material at the bottom of the channel. He then stated that Sunset isteria. Under this scenario, Wisteria would be 50-60% to have. He then added that similar to Sunset Key, on Wisteria to handle fluctuations in water demand, mergency power facility and fire protection system. He ies of eXl ing permits and information. ng and General Services, asked Mr. Hermanson if there is a chance hen they do the drilling, and if so, will there be valves on either side hut it own. Mr. Hermanson stated that there is a practical distance in which done; he thinks it is probably twice the distance and there are provisions for rock. He then stated that shut off valves are provided at either end for en inquired if they would periodically evacuate the pipe and pressure test it. Mr. Hermanson ated that he has suggested that they possibly provide a redundant pipe so that if there is a breakdown, they can switch to another pipe. Mrs. Domenech-Coogle inquired if the boring would be done under the mangroves and up into the middle of the island. Mr. Hermanson stated that they have not established an exact location at this time. Mr. Trepanier stated that as part of the sub area policy, there is a provision where we have to protect the one and a half acre mangrove area. The only things that can go in there are pile supportive accessory structures in order to bridge two areas of upland. Mr. Trepanier then gave an overview on their analysis on solid waste. Mr. Trepanier clarified for Mrs. Kimball-Murley that they are anticipating that the solid waste will flow through the city lease area at DRC Meeting Minutes May 27,2010 Page 9 of 10 Trumbo Road. He then stated that they have not assessed whether that lease area in the terms of use is adequate to handle the increased capacity of this operation; however, if changes are required they would definitely pursue those types of changes. Mrs. Kimball-Murley asked for an analysis on how the proposed amendment would impact resources or areas within the city so that the city has a full understanding of all concurrency issues and utility provision requests for each type of infrastructure impact. Mr. Trepanier clarified for Mrs. Domenech-Coogle that solid waste included yard waste as well. Mrs. Kimball-Murley asked that the applicant be mindful of increasing recycling and overall green activities. Mr. Trepanier then gave an overview of the concurrency of po Trepanier that if potable water calculations are not correct, th Mrs. Kimball-Murley stated that the concurrency adequately assess the needs for utility provision and not Mrs. Kimball-Murley asked that the applicant from the island and where they will park th . the parking garage at the Westin and how many n ers will get to and Id an analysis of re approved. r. Trepanier for a copy of the analysis e Westin since it has been his experience street parking is used to capacity. He at it may not be available in the Mrs. Kimball-Mur it is an Army sponsor for harbor iss harbor and th harbor. deep water harbor in Key West and that d mainten e responsibility; however, the city is a local ordination with the Captain of the Port, but the federal n ineers would be involved. As the local sponsor ofthe o many users, we need to understand impacts to that s that the ounty's Fire Chief forwarded her the mutual aid agreement rocess. Alan Averette, KW Lieutenant Fire Inspector, stated that Key sprinkled buildings, fire hydrants, a pumper truck, an EMS cart and er to consider providing service. Ms. Hurley then asked if there is a ents made for Sunset Key. Mr. Lieute there witH able to enfo local gove eutenant Torres how the KW Police Department currently responds to Wisteria. ed that they have responded to calls for Wisteria; however, they cannot go out g County, Coast Guard or State or Federal Law Enforcement Agency in order to be y type of law since it is outside of our jurisdiction. Mrs. Kimball-Murley stated that ents would need to coordinate to provide coverage. Mrs. Kimball-Murley stated that moving a unit from Key Largo and density from Key Largo to the very edge of our regulatory environment in the Florida Keys could have an impact on the first segments of the hurricane evacuation model. She then asked Ms. Hurley if there was an analysis of hurricane evacuation impacts to the city. Ms. Hurley stated they had a big discussion with the Department of Community Affairs in reference to the subarea policy. The current subarea policy would not allow any units to be moved from Key Largo down; however, it does anticipate the movement from the lower keys subarea, which would be the end of the seven mile bridge down the keys. She then stated that they have a consultant on board who has done a very good job trying to work with the agencies that are involved and could model that impact. DRC Meeting Minutes May 27,2010 Page 10 of 10 Mrs. Kimball-Murley then inquired if there is any analysis for employee housing. Ms. Hurley stated that this has not been evaluated at this time since it is difficult to do when we do not know the square footage of the restaurant. Mrs. Kimball-Murley stressed the importance of looking at affordable housing. Mrs. Kimball-Murley thanked the county and applicant for attending the DRC. She then stated that there may be additional issues that may arise that have not been identified today. The following members ofthe public spoke on the item: . Amaro Girard, 1214 Newton Street . Scott Fraser, PO Box 4215 . John Jones, 1024 James Street . Andrea Quigley, Baptist Lane . Jack Hackett, 1517 Seidenberg Street . Suanne Kitcher, 1701 White Street . Robert Bernstein, PO Box 2455 . Cliff Hartman, 505 Southard Street . George Halloran, 16 B Hilton Haven . Christine Russell, 10 14 Grinnell Street . Sloan Bashinsky, 1631 Grand Street 5. Discussion Items There were no discussion items. 6. Adjournment and Carlene Cowart Development Revie MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring. professional andfair To: Monroe County Planning Commission From: Mitchell N. Harvey, AICP Comprehensive Planning Manager Thru: Townsley Schwab, Director Planning and Environmental Resources Date: June 17,2010 RE: Response to Planning Commission Comments Wisteria Island FLUM and Sub Area Policy Amendments During Planning Commission discussion at the public hearing held on June 10, 2010 in the Harvey Government Center in Key West, several issues were directed to staff for response at the June 23, 2010 continuation of the Wisteria Island FLUM and Sub Area Policy (SAP) amendments. Please review the response to the following issues: Question: Does Key West have affordable or workforce housing set aside in their mooring field? Where did that condition come from for the Wisteria SAP? Response: Key West does not have an affordable or workforce housing set aside in their mooring field. That condition was suggested by the Growth Management Director to be consistent with the County's inclusionary zoning requirement of 30% of all new units to be reserved for employee/ affordable housing. This is based on the observation that a significant portion of people now using the uncontrolled anchorage at Wisteria Island are liveaboards who work during the day in Key West. The set aside would help accommodate the needs of working individuals who reside on their boats, work in Key West, and wish to take advantage of the amenities of a managed mooring field. Question: How would the 'private' mooring field be regulated by law enforcement? Response: The applicant has been in discussions with the State regarding the development and management of a private mooring field. Either the applicant or the state would have to answer that question. I . ,'_' j J . , . Question: Roger Bernstein mentioned the possibility the County being involved and getting a share of the mooring fee. Response: The applicant has not been in any discussions of a partnership with staff since the application was submitted. Question: Comm. Lustberg asked if there would be any additional requirement or involvement by the County if the mooring field was approved. Response: The answer would be 'yes' ifthe County is involved in any type of partnership. Any such partnership would require a commitment of staff resources. Question: Where will the existing boats go if a mooring field is established? Response: A mooring field would clean up the anchorage area and some derelict vessels would likely be destroyed. Many of the vessels out there now are close to derelict already and may ultimately be destroyed even if they migrate elsewhere. The implementation of a mooring field will have a positive net affect on abandoned and derelict vessels in the Keys. Not all the vessels will go elsewhere. Question: What mechanism will take place if they later remove some moorings or abandon the mooring field. Response: This would most likely be a condition identified in the submerged land swap or lease agreement between the property owner and the State. The applicant has indicated that they will be preparing suggested language to be included in the Sub Area Policy that addresses this issue. Question: Would a baybottom swap with the State have conditions regarding the use of the owner's new baybottom, including putting in and managing the moorings, providing shoreside facilities and amenities, etc? Response: The Division of State Lands said the Wisteria owner was told they need to do some re-thinking of the project and presenting their bay bottom swap request. State Lands need to know the public benefit. Their understanding is that the applicant will come back later this year to apply and provide more explanation of the project. The mooring field permit would be the primary mechanism for having restrictions, requirements and a management plan (that would likely include maintenance) regardless of who owns the baybottom. Question: Are there other spoil islands in the Keys besides Wisteria Island? Response: There are spoil islands associated with, and adjacent to, the historically dredged Intracoastal Waterway (ICW) in the upper Keys, but they are not privately owned. Question: Are there other spoil islands that may be privately owned? Response: Staff is working to determine this. ["Jonro\:: County G '[I . -, Question: What amenities or facilities does the State require of a mooring field? Response: When liveaboards are authorized to utilize a mooring field, the State would limit their stay to 6 months (over sovereign submerged lands). Typically, the State will require pump out facilities, upland restroom/shower facilities (two sinks, toilets, and showers for every ten slips is the rule of thumb). The mooring field would also have to have an Operations and Management Plan for the facility which outlines pump out, spill response, personnel training, etc. Question: What would happen if the State leases bay bottom to the applicant for the mooring field and sometime in the future the mooring field is not maintained or moorings are removed or the field is taken out of operation? Response: The State would cancel the baybottom lease if the mooring field is discontinued. Question: Can the applicant have a 'Special Anchorage Area' adjacent to the mooring field? Response: The Secretary of Transportation, through the US Coast Guard (USCG), is authorized to establish 'special anchorage areas' in which vessels less than sixty-five feet are not required to display anchor lights. However, the USCG has indicated that no 'special anchorage areas' are allowed south of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGS) line in Long Key. The USCG has not allowed the Marathon or Key West mooring fields to not have their customers use their anchor lights. Question: Can liveaboards currently anchor on the sovereign submerged lands adjacent to Wisteria Island? Response: Yes Question: The Planning Commission asked if the County could construct a mooring field adjacent to Wisteria Island? Respone: Procedurally there is the potential for the County to pursue development of a mooring field if required upland facilities are provided to support the mooring field, including: provisions for dinghy dockage, restrooms and showers, vessel pumpout, trash receptacles, and any other amenities that may be deemed a requirement by the State. Applicant Response: Attached is a response from the applicant regarding the question from Commissioner Lustberg about the possibility of County doing its own managed mooring field at Wisteria Island. The applicant disagrees with County staff who indicated at the hearing on June 10th that the County could build mooring field at Wisteria Island. Question: Does the County staff agree to allow the inclusion of an additional 0.4 acres of land to the proposed 1.6 acres of proposed mooring related upland development to meet the requested 2.0 acre open space requirement. Response: Staff continues to recommend that the developer dedicate a contiguous 2.0- acre public access green space. - - I' - I 'I' I Key West Harbor Mooring Field at Wisteria Island P.O. Box 2455 Key West, Florida 33045 Please Reply To: Roger M. Bernstein. Esq. 300 Sevilla Avenue. Suite 310 Coral Gables, FL 33134 Email: roger(a)2bernsteins.com Via Email: Schwab- TownslcY@l11onroecountv-fl.l!o\' Townsley Sch\vab, Senior Director Planning and Environmental Resources Monroe County PlalUling Commission Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Re: Agenda: June 9, 2010 Items 5 and 6 rc: Wisteria Island Dear Townsley: At the June 10 continuation of the PlalUling Commission Meeting, Commissioner Lustberg asked about the possibility of the County doing its own managed mooring field at Wisteria Island. Rich Jones, on behalf of Growth Management, indicated that the County could build a mooring field at Wisteria Island and that money might be available to do this. I respectfully disagree. First, there is no doubt that the illegal anchoring at Wisteria Island/Fleming Key and at other indicated locations within Monroe County's jurisdiction on state owned bay bottom is a real problem. The BOCC stated this in a unanimous agenda item dated May 20, 2009, Resolution No. 150-2009, a copy of which is attached. The situation at Wisteria Island/Fleming Key has been described by the County as .....the largest and most problematic anchorage in the Keys:' This statement is contained in an Anchorage Site Evaluation Form dated April 23,2002 (copy attached). A managed mooring field as far as 6.260 feet from Simonton Street with no proximate upland support is not going to succeed in attracting local live-aboards and cruising boaters. A minimum level of upland support would include restrooms, showers, laundry facilities, dinghy dock, fresh water, pump-out services, and waste disposal. The best place to support a managed mooring field serving the state owned bay bottom on the west side of Wisteria Island is. Townsley Schv.'ab, Senior Director Planning and Environmental Resources Monroe County Planning Commission June 16,2010 Page 2 in fact, Wisteria Island. In the 2002 Anchorage Site Evaluation Form it states, "Wisteria Island itself looks like a feasible location for facilitating management and providing limited services." The proposed mooring field is 170 feet from the Wisteria Island dinghy docks at its closest point. In fact. it is the intention ofFEB Corp. to provide substantial services. not minimum services. to the boaters of the managed mooring fields along the lines of the first-class Boot Key Mooring Field in Marathon. We believe that, in addition to the amenities described above, a ship's store, a bar and restaurant, a dog run. and a safe and accessible dinghy dock on the Island will be very attractive to the boating community. We also intend to provide scheduled water taxi service betwecn Wisteria Island and mainland Key West as both a safety and convenience matter. Boaters can safely leave their dinghies at the Wisteria Island dinghy dock and not have to transit a very busy commercial and military harbor or look for a dinghy docking space onshore. The appeal of this mooring field to the cruising community is confirmed by the attached letter ~Tittcn by Morgan Stinemetz, which appeared in The Citizen on June 2,2010. Our managed mooring field will solve the problem of illegal anchoring off Wisteria Island/Fleming Key. I use the ternl "illegal anchoring" intentionally. Based on conversations and testimony by Lt. Dipre of the FWC, a boat that is not capable of self-propulsion at all times and which stays for extended pcriods of time on state ov,med bay bottom is anchored illegally. Add to that the lack of holding tank and pump-out capability, improper anchoring gear (such as engine blocks and concretc drums) and chains scarifying the bottom and you have the situation which now exists in the waters of Key West Harbor. (See. www.kwharbormoorinas.com.) 111e Citizen in a May 14.2010 editorial stated: .....acleaner and safer harbor. a professionally managed mooring field. and a moderately developed island could have a positive environmental and economic impact." The Planning Commission should also considcr the risks inherent in engineering and building a mooring field. Enclosed is a copy of an article from the June 2010 issue of Soutlnvinds magazine entitled, "Sarasota Mooring Field: S)lAFU:' The point of the article is that the engineering and construction ofa managed mooring field is not a simple matter. The municipality that embarks on this in the current climate has to be mindful of the risks that the City of Sarasota incurred in their project. Their project began with an engineering contract in the amount of $155.868. The 60-day project is still not complete and was shut down on October 14,2009. The cost to the City is probably in excess of $1 million and thcrc is no mooring field. FEB Corp.. which has owned Wisteria Island for 43 years, is willing to engineer and install a first ratc mooring ficld. It will assume the risks - engineering, financial and operational- and will deliver a product in which Monroe County and the neighboring City of Key West can take pride. The County and the City will benefit from the managed mooring field and will be shielded from ongoing operating expenses and risks. TO\V11sley Schwab, Senior Director Planning and EnvironmentaJ Resources Monroe County Planning Commission June \6, 201 0 Page 3 Please distribute this letter ami attachments to the members of the Planning Commission bet()re the June 23, 20 I 0 meeting. J will be pleased to provide any other information you may require. Yours sincerely, "-7 J ;Z If ~77J ~-~ Rog<% ;t ;.:,.: - RMB/bso EncIs. cc: Roman Gastesi, County Administrator Via E-mail: gastesi-roma:n@monroecoLlnty-tl~ov BOARD OF COUI'TY CO.\1MISSIO~ERS AGENI>A ITEM SUMMARY Meeting Date: Mav 20. 2009 Division: Growth ManalZ.emcnt Bulk Item: Yes -L No Department: Marine Resources Office Staff Contact PersonlPhone #: Richard Jones 2805 AGENDA ITEM WORDING: Approval of a resolution acknowledging the impacts associated with illegal unpemlitted vessel moorings proliferating throughout the keys. and requesting the Florida Fish & Wildlife Conservation Commission. the Florida Dcpartment of Environmental Resources. and the Board of Trustees of the Intemallmprovemcnt Trust Fund to coordinate wilh Monroe County in addressing such impacts. ITE:\l UACKGROUN I): Vesscls throughout the Keys waters arc routinely moored on state sovcreign submerged lands utilizing unpermiucd anchoring devices such as concrete or enginc blocks. These illegal unpermitted moorings often cause resource degradation. as well as navigational hazards and property damage when vessels come unattached from the mooring. Staff desire5 to coordinate with the appropriate state agencies in addrcssing unpemlitted moorings with the objectives of pursuing regulatory action. removing unpennitted moorings. and dcveloping measures to prevem future placement of unpermitted moorings. PREVIOVS RELEVAl'/l HOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOT AL COST: N/ A INDIRECT COST: BU!)GF:TED: Yes _No COST TO COl:NTY: SOURCE OF FUNDS: REVENUE PROI>UCING: Yes No AMOU~T PF.R !\lONTII_ Year APPROVED BY: County Atty ...1L- OMRfPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Requireu_ DISPOSITION: AGENDA ITEM :I Revised 1109 RESOLUTION NO. 150 -2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUl'.lY COMMISSIONERS ACKNOWLEDGING THE FINANCIAL COSTS AND ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE PROLIFERATION OF UNPERMITTED VESSEL MOORINGS THROUGHOl:T THE WATERS OF THE FLORIDA KEYS, AND REQUESTING THE FLORIDA FISH & WILDLIFE COMMISSION, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE BOARD OF TRUSTEES OF THE INTERNAL I;\1PROVEMENT TRUST FUND TO ADDRESS SUCH IMPACTS AND COORDINATE WITH MONROE COUNTY ON THE REGULATION AND REMOVAL OF ILLEGAL AND UNPERMITTED VESSEL MOORINGS. WHEREAS. the Board of Trustees of the Internal Improvement Trust Fund is the steward of state sovereign submerged lands, and oversees the use and development of such lands; and WHEREAS, the Florida Department of Envirorunental Protection, as staff to the Board of Trustees, has regulatory and proprietary authority over the use of sovereign submerged lands, and provides review and permitting of objects or structures placed on or over such lands; and WHEREAS, the Florida Fish and Wildlife Conservation Commission has regulatory authority over waterway markers in, on. or over the waters or shores of the state. including the permitting of vessel moorings; and WHEREAS, the Monroe County Office of Marine Resources assists with the development and implementation of boating infrastructure throughout the waters of the Florida Keys, including the establishment of permitted moorings; and WHEREAS, the placement of unpermitted or nonconforming vessel moorings in or on the waters of the state is a criminal offense; and WHEREAS, illegal unpermitted moorings have proliferated in recent years throughout the waters of the Florida Keys. often as an alternative to docking or anchoring of vessels for storage. residential and commercial purposes: and WHEREAS, illegal unpermitted moorings may not be properly designed. positioned or installed., often resulting in benthic resource degradation or the creation of a hazard to navigation; and \VHEREAS, vessels on illegal unpermitted moorings may corne unattached from their mooring, resulting in such vessels going adrift and creating the potential for propeny and resource damage; and WHEREAS, the casino boat Pair-O-Dice recently came unattached from an unpermitted mooring off of Key West for the second time within two years. endangering public safety and causing significant cost to the tax payers of the State of Florida; and WHEREAS, illegal unpermitted moorings directly contribute to the proliferation of abandoned and derelict vessels: and WHEREAS, no coordinated efforts bctween statc and local govemments have yet been established to address the issue of illegal unpermitted moorings; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Monroe County Board of County Commissioners rcquests the Board of Trustees of the lntemallmprovement Trust Fund. the Florida Fish & Wildlife Conservation Commission (FWC) and the Florida Department of Environmental Protection (DEP) to recognize existing state statutes and administrative codes pertaining to the depositing or affixing of materials or objects upon or into sovereign submcrged lands, and address the unpcrmitted usc of materials or objects other than anchors for the purposes of mooring vessels. Section 2. The Monroe County Board of County Commissioners requests FWC and DEP to work in a coordinated effort with the Monroe County Office of Marine Resources to address the issues associated with illegal unpermitted vessel moorings. Section 3. The Monroe County Board of County Commissioners directs staff, in coordination with FWC and DEP to evaluate the potential for identifying and removing illegal unpermitted moorings from the waters of the Florida Kcys within Monroe County, and develop measures to prevent future placement of unpermitted moorings through education and outreach. Section 4. The Monroe County Board of County Commissioners requests FWC and its officers, the Sheriff of Monroe County and his deputies, and all other law enforcement officers as provided in section 327.70 and 253.05 Florida Statutes, to take reasonable and appropriate law enforcement action against persons who have unlawfully placed, caused to be place, or maintained in placc any unpermittcd or nonconforming vessel moorings. Remaindcr of this page intentionally left blank 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20th day of May, 2009. Mayor George Neugent Mayor Pro Tern Sylvia J. \.1urphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OFMO~ECOUNT\~LO~A BY: ~~~.. O)~,~ Mayor George Neugent ~ ~ - 0 c::::>> " o J:> c::::>> ;=:; :;;CJ=::: \D . r-...., ~ r'T1 c::> i"l ::: <::I r.-: ::0 . :?:::r:.:- I " 2:}~ '" 0 ;0 .:;::30 " ;0 =i' r- ::z - Cj :!: rT1 :-"o;-iJ:> ;S; CO) ..., C1 0 ,- rr, ~ co 0 3 ANCHORAGE SITE EVALVA nON FOlnt Date: April D. 2002 General Information I{~{.jon of K~vs: ... . I.ower Kcys Specific Location: Wisteria IslandlFleming Key anchorage area Currcnt Allchorage Population: 250-400 boats Type of Vessels in Anchorage: Mostl\' livcaboards on everything from low-end sail and power boats. modificd vessels. and floating structures to mid and high-cnd sailboats. Thcre are several dozen vessels. mostly sail. in good condition that appear to be true cruising boats located in particular areas of the lanzer anchoralZe arca. Therc are numerous D/Y's. abandoned and sunken vessels as wcll as rnarine debris scattered around the shoal areas. There arc numcrous old boat hulls washcd UP on the shore of Wisteria Island. There are also a handful of charter sailboats. \Vatu Dcpth: 2-15'. Bcnthic Environment: Mostlv scagrass Bottom Typc: Mostly soft bottom Zoning (is sitc within a regulatory zonc"!): No SitelFacilitics Information Landing facility (if any): It was difficult to determine from the preliminary survey where boat owners dinghy into shore. Therc are a number of marina facilities located aloOl! the westcrn shore of Kev West thai may provide dinghY dockage and othcr services. However. for most of the anchoralZc arca thut would bc a long dinghv ride which would include crossing the busy main channel with much boat traffic. Vessels arc anchored all along thc western shoreline of Flcming "c\'. however the land is a restricted area and landing is not allowed. There does not appear to be suitable facilities for shoresidc access for the scvcral hundrcd vessels anchored in the area. Pumpout Facility (if allY): Sevcral of the marinas in Key West have PUI11Pout facilities. Parking Facilities (if any): Parking could not be detcrmined from the prcliminan' survey. Any County Facilities or Lalld'! None Other Facilities (if any): N/A Sitc Onn'iew Gcneral Condition/Situation: Thc \Vistcria Island/Flcming Key anchorage area appears to be thl: lar!!est and most problematic anchorage in the Kevs. The anchorage area. which covers sevcral In ilcs. appears to be comprised of several smaller anchorages that overlap somewhat. Diffcrcnt t"Des of vessels and accompanying lifestvles were observed from one spccific area to another. The dozen or so vcssels anchored between Wisteria Island and Sunset Key appear to be mid to high-cnd true cruising vessels anchored in appropriate depth water. This location is close to the ships channel and rcal cruising grounds. and the vessels appear to be cruisers. On the north side of Wisteria the water is quite shallo\\' in areas. with vessels in the worst condition t\ oicall\' in the shallows and vessels in better condition in the deeoer watcr to the west and northwcst of the island. Almost all vessels in these areas aDpear to be local liveaboards. Just across 1\'1an of War Harbor. another hundred or so mostly low-end vessels are anchored adiacent to FleminlZ Key. with a few true cruising boats at the southerlv end of that anchorage. At least half of the vessels anchored throughout the larger anchorage area arc inoperable and in terrible condition. manv iust waitinl! to be abandoned or sunken. Preliminary Rccornmcndations: This enormous anchorage grounds is trulv out of hand. The area is in dire need of management and enlorcement of regulations. There are probably hundreds of DIY' s. abandoned and sunken vessels to be removed at the exoense of the publ ic. There are plenty of marine facilities in the area that could possibly be develooed to provide services to the liveaboard and cruising community. It seems feasible that the City of Key West could further develoD it's moorinl! lield system LO provide suitable managed moorinl!s to operable vessels. both cruisil1l! and liveaboard. The cruisinl! community would probably welcome a system of moorines. pumpout services. shores ide access and information. OealinlZ with the local Iiveaboards will be a lamer issue. Wisteria Island itself looks like a feasible location for facilitating managernent and Droviding limited services. The City of Key West should continue with studies to further evaluate the anchorage area and pursue developing a master plan to address the problems. Priority Lcnl: High Anchorage Site Eyaluation Summary Of the fifteen anchorage sites evaluated only ten sites were considered to be a moderate or high priority in regards to signilicant problems that need to be addressed through some level of anchorage management (Table I). The five sites determined to be a low priority had very few vessels anchored (seven or less). with few boating impacts observed. and no history of reported problems or complaints. Those five sites do not need to be considered for any further planning or review for the purposes of a Keys-wide mooring field system at this time. Little Manatee Bay A lackwater Sound Tarpon Basin Buttonwood Sound X Rock I-Iarbor X Community Harbor X Windley Key * X Lorelei * X Little Aasin * East Aonefish Hay *'" X South Pille Channel X Saddlebunch Harbor Aoca Chica Harbor X Cow Key Channel *** X \Visteria Island *** X Table 1. MANAGEMENT NEEDS PRIORITY LEVEL Anchorage Site High Moderate Low X X X X X . indicates anchorage sites within or adjacent to the jurisdictional boundaries of the Village of Islamorada .. indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Marathon ... indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Key West The ten anchorages listed as moderate or high priOrity sites were found to have a greater population of vessels and were observed to have some significant boating impacts that need to be addressed. Five of those ten sites are within or adjacent to the jurisdictional boundaries of an incorporated area. and any further studies or recommendations for those sites should be left to the discretion of the management of those cities (Le. Village of Islamorada. City of Marathon, and the City of Key West). This document should be provided to those cities for their review. The remaining live anchorage sites (denoted in Table 1 with a bold X). which arc located within unincorporated Vlonroe County, were observed to have a considerable number of vessels and associated boating impacts, and are reviewed further in this document and recommended 10 be included in the subsequent planning processes. I . 1....-:: I 7\ /., ,--- -.-;" ) ,y I 1-1 ~(u ---t.....\ I ( L--'.f\. . \ .-...----.-- --.------- -- Letters to the e_it,r .. . .. . .. .. . .. ~ . .. .. .. .. .. .. .. .. .. ~ .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. . .. ~ .. .. " .. . .. " ~ . .. .. . .. .. .. .. . .. * . . .. . . .. .. . ". . .. . . .. .. .. .. .. . .. ... . . .. .. .. .. ::VIooring field would be asset to Key West rm a nationally published sailing writer and the co-author of two cruising guides to the Florida Keys. I have been to Key West lTIany times and have always delighted in the offbeat lifestyle one finds there. IIowe\'er, from what I have been able to discern, it seems as if Key WeSt and Monroe County are at a familiar cross- roads, one that I witnessed again and again when r lived in Aspen a very long time ago. There is a proposal afoot by an orga- nization with money and vision to install a mooring field to the north of Wisteria Island, aka Christmas Tree lslahd, I would posit: What's the problelTI with that? [t could e\.en provide order out of chaos, a worthy goal that not even our nationally elected officials have managed. The effi- cacy of a professionally installed mooring field has already been proven at Mara- thon's Boot Key Harbor. The derelict boats that s~mk in Boot Key Harbor are gone. The water is clean enough to svvim in becauo;;e no one discharges sewerage into it. l'he fish are back. Shore facilities for the field are first-rate. Pollution is no longer a factor. Boot Key Harbor is now a proud-as- punch home to live-aboard mariners. [f there is local resistance to a moor- ing field near Wisteria Island, then the NIMBY forces apparently do not care that vVisrcria J"land is currently littered with trash from unregulated outlaws who made it a dump. The NIM.BY people are apparently myopic enough not to recog- nize me abandoned and sunken boats that have fetched up in Wisteria [sian d's c shallows. With a properly installed and $ managed mooring field, re~idents will get y regular sewerage pump-out and a place f- for their trash and garbage to be put in 11 proper receptacles. t Wisteria Llcmd could be as huge an v asset to Key 'Nest as Boot Key Harbor has c already become to Marathon. Additio nally) the mooring field will have a designated f. ufreeJ1 areafor boats that prefer to anchor L on their own. They won't get the services, but tlwir freedom will not be impinged one iota. Morgan Stillemetz Parrbh 1 . l Iring Buco back to the Key \Vest Bight I= l I feel that ~omething is lost in the head- i' lines of the times. In a few short weeks! r if I understand it correctly, Waterfront c Market will c\.'ase ib operation as a busi~ a ness in Key \Nest. Is it true that as of f June 15! the company that purchased c the name vVaterfront Market and leased a the property from the dty of Key \Nest for somewhere around $20,000 per month k will shutter its doors for good -after pay- '1 Lng a.lmost a million dollars to get out of Ii their seven-year lease? tl r tmderstand the antiquated term Ilhigh- c est and best llse." It is what drove Buco v Pantelis from his successful business. If . il Buco would return) the city of Key West should be willing to renegotiate with him. c I think we should lease the \ Vaterfi'ont :1 Market building to Hueo Panteli'i for $1 per year, for The next sc\en rears. The SOUTHWINDS NEWS & VIEWS FOR SOUTHERN SAILORS 6 Editorial: Hurricane Season Predictions By Steve Morrell 22 US SAILING level 1 Small Boat Instructor Course By Jabbo Gordon I "- . ,..J~ .' ".; .~" . ~S2~tl\ ::~;";hf~.4~\~'~ '. . . ,.. tJ, ....."..u~ f. l. '. '. . . ~..?' ."'....:,.1. . J . - "" 'ftf/ . '.Jo\. .~ . .,:, ".'1' '. : :.... . . . ..~ \" j;tf,. i . ~ '. . ....- : '-fit.. : ~. '. '-:.',:,~~~~_.\;' {- . . \.,: ~:..:' . . \.,....", .IV- .' '.i~':~ ~i~'.:;:.. 1 '. '11 9 letters You Wouldn't Believe 12 Shorty'S love lost Eternally By Morgan Stinemetz 14 Southern Regional Monthly Weather and Water Temperatures 15 Short Tacks: Sailing News and Events Around the South 24 Our Waterways: Sarasota Mooring Field: SNAFU 28 Carolina Sailing: Sailing Business - Real Recovery or Seasonal Spark? By Dan Dickison 30 Boatwork: Rudder Design and Fabrication, Part II of II By Tom Kennedy The Lightning. Photo by 8il/ Clausen. Page 38~ 44 Boatowner's Boat Review: Tayana 42 By Nelson DeCamp 38 Srnall Boat Review: The Lightning By Dave Ellis 40 Opportunity Docks: Free Berths Offer More Than a Cheap Place to Tie Up By Cyndi Perkins 46 Cooking Onboard: Sailing on Bean Power By Robbie Johnson 48 Southern Racing: News, Upcoming Races, Race Reports, Regional Race Calendars !;. Free Dockage. Photo by Cyndi Perkins. Page 40. 70 How Beer Saved Our Lives By Brian Weeks 19 Southern Sailing Schools Section 27 Marinas Page 33 Marine Marketplace 58 Boat Brokerage Section 63 Classifieds 68 Alphabetical Index of Advertisers 69 Advertisers' List by Category Each issue of SOUTHWINDS (and back issues since 5/03) is avail.able online at www.southwindsmagazine.com 4 June 2010 SOlJTHlI7NDS www.southwindsmagazine.com OUR WATERWAYS Sarasota Mooring Field: SNAFU By Harmon Heed Although the conlract lO conslruct the mooring Held in Sarasota Bay was let over a year ago (April 23. 2009), there is still not one ball to hook onto and no work has been conducted or allowed since October 1 <I of last year. It took the city six months to deterrnille that the 50-day project could not be cornpleted as contracted and another six months to determine why not. On May 3. Sarasota City Attorney Robert Fournier released his comprehensive and detailed report. and it was rnade public that evening at a regularly scheduled city COIll- missioner's meeting. The report was made through consul- tation with three outside, Independent engineers. It spread the blarne all around but primarily on Coastal Engineering Consultants (CEC) , the tlml the city hired to engineer the project In 2004. CEC's original contract was for S155,868. After six amendments it ballooned to $323,941. HO\'1: much did it cost to compile this latest 33-page report? The report concluded that. "CEC did not conduct an adequate Investigation of the bay substrate. - Michael Polf. CEC's VP for Engineering, responded that. "The contract is boiler plate and says bidders rnusl do the substrate investi. gation." Mark Kincaid, CEC's project engineer, added. "To · 111 Slip Marina · 33 Shops & 5 Restaurants · Wi-Fi & Cable TV · Tennis, Bikes, Dayroom · Heated Pool, Gas Grills (941) 575-3000 . Ships Store, laundry www.fishville.com · live Aboards & long Term Dockage · Transients & Boat Clubs Welcome · ValvTect Fuel, Pump Outs · Dinghy & Courtesy Docks June 2010 SOUTHW1NDS g.' I~- I 11I1:1~" . :'1 :c 24 do the proper testing would cost much more than the cost of the installation." The report concluded that, "There is no way to deter- mine what type of anchor will work without first knowing the holding power of the substrate soils. "Yet CEC solely recornrnended a helical type of anchor. and the city made that a requirernent in the contract, When the contractor. Millmac Corp.. ran into trouble drilling in the helices, its president Mike Millel'. wrote to the city's project engineer, Rick Winters, "It is not an equiprnellt or process issue. It is a geologic issue. The rock and clay in some locatlons Is impenetrable." According to Stephen Wilbur, P.E.. a struc- tural engineer ......ith Stirling & Wilbur EngineerIng, "...there is rock under the entire site. The helical is not designed for use in rock." Gary Schrnidt, PE.. a geotechnical engineer with Ardaman & Associates, Inc. agrees. "Rock covers the entire mooring field. You can'l advance helices into rock. The report concluded that CEC vetted the contractor Millrnac and recommended it be awarded the contract. In a letter of recornrnendation signed by Poff on Feb. 24, 2009. the letter stated. .....it Is our opinion that Lheir plant and equip- ment should have sulflcient capacity to construct this project. Unlimited Sailing - $250jMonthl * ST_ PETERSBURG · CLEARWATER BEACH Flagship Sailing & Cruising Club Unlimited days of sailing for $250 a month (plus lax) · No additional costs · No dock fees, maintenance or insurance costs. . Bayfield 25, Catalina 275, Catalina 30 .. .' ~ "- .a ". www.southwindsmagazine.cam -', ~t~ ~_. L.~~~~~~~~~:=_;ti " However. on Oct. 8. 2009. well after Millmac was kicked off the job. Poff wrote the City. "... that the plant, equipment and personnel used by MiIllllac cannot complete the contract." The report concluded the city must lake a share of the blame. By requiring the use or helical screw anchors In its "Invitation to Bid." the city entllled the responding contrac. tors 10 assume those anchors would work. Thev did not. and. according to Fournier. the contractor had little or no leeway in choosing another anchor system to finish the proj- ect. Also. a red nag should have gone up in the city's pur- chasing division when it saw the wide disparity In the bids. The highest bid was almost three limes as much. and the average bid was 43 percent higher than MilImac's low bid. At the commission meeting, after an hour and a half of listening to testimony and answers by City Attornpy Fournier, the three unassociated enginpers. Bnger pointing and answers by CEC and MiIlmac. Vice Mayor Atkins rubbed his head and forlornly asked, "How did we get into such a mess? Wasn't anyone checking what Ihey were responsible for?" Kristy Tignor. P.E. of The Tignor Group. P.A., seemed to have an answer. and it was more blame for CEC. According to Krlsty. CEC's project engineer was, according to contract. .Charged with approving the methodology, the installation and the material related to this system. During the con- struction. the project engineer was 10 make visits to the site to observe the progress and quality of the work." It is not positively certain that Kristy was referring to the CEC or city project engineer. Why wasn't this the responsibility of a city engineer? According to the city manager, Robert Bartolotta. the city did not have a qualified oceanographic engineer-the posi. tion was done away with four years ago-and the city had to rely on CEC for engineering expertise. When asked for costs of continuing or ending the proj- ect. Bartolotta said that will take some time to determine. "There are liabilities on both sides." The complete total costs to the city so far-including internal hours spent by the city attorney and engineer-asked for by two commis- sioners and Ihe public. have either not been determined or released to the public. Some figure the amount to be over PENSACOLA'S AFFORDABLE BOATYARD Boat Slips Available - W/O Power At a Reduced Rate - Call Today! ~IPELICANS ~ PERCH .a~MA AIIO f>OATYARD A~ CONVENIENny LOCATED ON BAYOU CHICO - 40 AUOUSSON AVE. (850) 453-3471 www.pelicansperchmarina.com News & Views for Southern Sailors The anchorage in Sarasota where the mooring field is planned. Will the mooring field ever be built? What will tIle final cost be? Photo by Steve Morrell. $1.000.000. The grants received amollnt to only $650.000. Either way. It's all public money. Where does this all go from here? Probably to the courts where the lawyers will drain more of the ciIY'S money before construction begins again. If it begins again, Fournier said he will have more recommendations "wh~n we return in a few weeks." He provided three options with three addi- tional recommendations to the commissioners. but none of them included stopping the prolonged and costly project. Vice Mayor Atkins asked. "WllI this work or can we pay our way out of It?" Perhaps the best to come out of this FUBAR is a warn- ing to 01 her cities that are contemplating installing a moor. ing neld. They should expect: J. The anticipated consultation fees to at least double. 2. The Clnticipated time for constmction to at least double. 3. If they have any rock or clay in their bay. the substrate investigation to cosl more than the construction. 4. If they don't have oceanic or geotechnical engineers on their staff. beware. And perhaps they should be beware of what they want. They just might get it and have to pay dearly for it. Illinois Set to Pass a Law Requiring Mandatory Life Jackets for Solo Boaters As of press time. It was still unknown if Illinois was going to pass a law requiring lite jackets be worn by solo occupants of aU ages 24/7 on all boats under 26 feet. The law would aITect 96 percent of the boats in the state. BoatUS. which supports only voluntary wearing of life jackets for adults, has been urg- ing Illinois citizens to let their legislators know how they feel about this law. The bill had already passed the state Senate and was headed to the house for a full vote. The law had two exceptions: One for those on a "sail- board" (windsurFer) and another for the .'sole occupant" of a boat who was intermiltently fishing and moving his boat using his engine. BoatUS believes the latter exception will lead to lTIClny enforcement challenges. File #: M29113 . Iwner's Name: F.E.B. CORP. mUcant: F.E.B. CORP. A8ent: Trepanier & Associates, Inc. me of All'lication: FLUM Key: Wisteria RE: 000123950-000000 Adtlitienallnfermation allelell t. File M29113 om... Iff 11I& DIrector 1798 Ovcneas Hi PWIIY SllItc /1400 MlIr8Ibon. FL 33050 VOl" (305) 2119-2S 17 FAX' (305) 189-2854 County of Monroe Growth Management Division / ., /~ .1:~.:". ( . W~, \ ,. '~!I~.:" Board of CODOIY COIIlmllllonen Moyer Gecqe Neusml, 0151 2 Mayor Pro rem SylVIa J MUflIhy. D'51 5 Kim WllPoglOn. 0Ist. I Heather C81'Nthen. 0Ist 3 Mario Di Gennaro. 0I1l 4 We strltI. tD b/l earitt,; prolll#iDnQ/ t1114f4ir Date: \ lidS/OCt Dear Applicant: This is to acknowledge submittal of your application for f\uM Type of oppbcaulO t 0i~W(\A ~1Qft\(L Project i NllDIO to the Monroe County Planning Department. Thank you. ~~y~~ ". .; .;:U:.: !:.<'}J" J i:.1t_,i;\.,. (~:,:,g!1jF.l\{,:'i~ :i:rfl~4.;~a:;. ".dI11~i A: .i <7,.~~tl.~!..:ftk~1~~Z~d~f~~ r 1~ r.: j1 \ \! i L l~ ~ '_7 TRANSMITTAL LETTER lltECEIVE. N ' 5 2009 '. '-~:-:,'\, 1 \ I"': , PROJECT: C. II ~ BY !~., ,~. ' ," < TO: , \Y1o . eo.~\~\'\r'~~ PROJECT NO: C II i DATE:J\ I'Z~ I 0 ~ I I J :\cknowledge receipt of enclosures. ATIN 1"\'1'\-<:.-''-'' ~Yl.lry WE TRANSMIT: R. herewith [] under separate co\'er via [] in accordance with your request FOR YOUR: [] approval ")l-review & comment [] use THE ~LLOWING: ~\pplication [ Development Analysis 1 Change Order [] distribution to parties [J record [] ...1 information [] Records .; Regulations REmRKS ,?\~Q~ ~ a . FL I. ,,,~nth~ iu V~)t.~\~ ~V\ ~oJ~ .c-~,,--c! u-f-~~. ~~{,... S r \ +t~ . "2-1) I D. --::?lleO-~~JLv.ii-h.. ""'1 ~ \ 'J-oI. (1(.. q , ~CAI\.It."j A t -. t. (; ~ ~i_Yl_____ su::'ittedby: O.....~ 402 Appelrouth Lane, Key West, FL 33040.305-293-8983 ph, 305-293-8748 fx . owen@owentrepanier.com 11/23/09 TREPANI ER Mr. Mitch Harvey, AICP, Comprehensive Planning Manager Monroe County Planning Department 2798 Overseas Highway Marathon, FL 33050 - Re: Wisteria (RE No. 00123950-000000) Application for a Future Land Use Designation fdA5S(lCfATES INC lANQ usr: f'Lt\N~UNG [)f:\lf.tO?f1~NT rON~!J. .L.NTS Dear Mitch: Enclosed are a Future Land Use Designation Application and an Application Narrative for Wisteria. As we have discussed, Wisteria is a man~made spoil island created in the late 1800's as a dumping ground for abandoned vessels and dredging material. Not withstanding the owners' attempts to prevent it, the property has continued to serve primarily as an illegal dumping ground. The property has long been used for the related upland activities associated with the illegally moored vessels surrounding the property; including boat repairs, cleaning, bottom painting, dumping of trash and debris, dog walking, cooking, camping, etc. Squatters have also long inhabited the property contributing to an extensive history of criminal activity. Wisteria and its surrounds has been identified by Monroe County as the apparent "largest and most problematic anchorage in the Keys" and found that "this enormous anchorage grounds is truly out of hand. The area is in dire need of management and enforcement of regulations."1 The problems identified by the County in 2002 came as no surprise to the property owners. They are currently discussing the development of a mooring field in this location to address the problems. Monroe County has been invited to participate in the FWC Mooring Field Pilot Project Program and the Wisteria Island mooring field would be developed in conjunction with the County application. During the preparatory process we discovered Wisteria has no future land use designation. The lack of designation puts Wisteria in direct conflict with Rule 9J-5 which requires all lands in Areas of Critical State Concern to be designated with a future land use. As you will see from the attached application and application narrative, the proposed FLUM designation is compatible with, yet significantly less intense than, the surrounding land uses. In order to quickly and effectively deal with the issues surrounding Wisteria, we seek to be part of the January amendment transmittal. Please do not hesitate to call if you have any questions or need any additional information. affi~~ ~~~,~ Keys-Wide Moonng Field System. Prepared by the Monroe Coullly Department of Marine Resou=s. July 30, 2002 '1()2 AppeJrouth L~ne . P () Ho\. .' 15S . Key West. FL . 3V)45 1155 Ph'Jue: 5()5 295 8983 . Fa,,: 305 2')3 8748 . Email: ()wel1(i9Ch"enTrep~ulf.r com page 000001 End .f Alllliti.nal File M29103 REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT An application must be deemed complete and in compliance with the Monroe County Code by the Staff prior to the item being scheduled for review Amendment to Future Land Use Map Application Fee: $5,531.00 In addition to the above applicationfees. thefollowingfees a/so apply to each application: Advertising Costs: $245.00 Surrounding Property Owner Notification: $3.00 for each property owner required to be noticed Technology Fee: $20.00 Date 11 / 02 / 09 Month Day Year Property Owner: F.E.B. Corp- A Florida Corporation Name Agent (if applicable): Trepanier & Associates, Inc. Name P.O. Box 2455, Key West, FL 33041-2455 P.O. Box 2155 Key West,FL 33045-2455 Mailing Address Mailing Address 305-442-0831 Daytime Phone 305-293-8983 Daytime Phone Email Address Owen@OwenTrepanier.com Email Address Legal DescriptiOD of Property: (If in metes and bounds. attach legal description on separate sheet) NA NA NA Block Lot 00123950-000000 Real Estate (RE) Number NA Street Address Subdivision 1158089 Alternate Key Number o Wisteria Key Approximate Mile Marker Page 1 of4 Last Revised: April2009 page 000002 REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT APPLICATION Current Future Land Use Map Designation(s): This property does not currently have a desiqnation. Mixed Use- Commercial Currently, there 1S no zon1ng des1gnated bv the adonted zonina mans. Currently, there is no TIER designated by rhp ~n~prpn ~TRR m~p~ Approximately 22 Proposed Future Land Use Map Designation(s): Current Land Use District Deslgnation(s): Tier Designation(s): Total Land Area Affected in acres: Existing Use of the Property (lfthe property is developed, please describe the existing use of the property, including the number and type of any residential units and the amoWlt and type of any commercial development): Wisteria is man-made spoil created in the late 1800's as a dumping ~ound for abandoned vessels and dredging material. Not withstanding the owners' attempts to prevent it. the property has continued to serve as an illegal dumping ground. The property has long been used for the related upland activities associated with the illegally moored vessels surrounding the property. Boat repairs. cleaning. bottom painting. dumping of trash and debris. dog walking. cooking. camping. etc. Squatters have also long inhabited the property resulting in an extensive history- of criminal activity. In accordance with Sec. 102-158, the DaCe may consider the adoption of an ordinance enactiDg the proposed chaDge based on one or more of six factors. Please describe how one or more of tbe following factors shall be met (attach additional sheets if Decessary): 1) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based: The projections upon which the map was based have changed due to the recognition that this piece of privately owned land within the County1s only federally recognized deep water Port and urban area was neglected during the mapp1ng process and has no l<'LUM des1gnat:.1on as a result:.. 2) Changed assumptions (e.g., regardiDg demographic trends): NA- No changed assumptions. 3) Data errors, including errors in mapping, vegetative types aDd Datural features described iD volume 1 of tbe plaD: A mappinq error occurred when the current FLUM maps were created. As depictE in the attached FLUM map for this area, Wisteria is the only property in unincorporated Monroe County missing a FLUM designation on map panel 8. It is clearly an oversiqht considerinq all other land on this panel is FLUM'd with various desiqnations. Even the very lIinsiqnificantll public lands and manqrove islands located far from US 1 contain various FLUM desiqnations, but this siqnificant place of privately owned land adiacent and within very intense area of land use was neqlected to be FLUM'd. Page:z of 4 Last Revised: April2009 page 000003 REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT APPLICATION 4) New issues: The subiect parcel has been associated with an urbanized deep water port since it was created in the association with the port in the late 1800's. The adiacent property was converted from military land use desiqnation to a mixed use desiqnation in 1993. Thus, the closest prooertv to the subiect property has underqone a siqnificant chanqe in actual land use and land use desiqnation creatinq a siqnificant new issue pursuant to MCC Sec. 102-158(d) (5) (4). 5) Recognition of a need for additional detail or comprehensiveness: There is an obvious need for additional detail and comprehensiveness on the existinq FLUM Panel No. 9 based on the fact that this siqnificant piece of privately owned land was overlooked in the last mappinq process. The error is evident by the fact that all other lands located in unincorporated Monroe County on Panel No. 9 are variously FLUM'd reqardless of their siqnificance relative to US 1, habitat value, size, area of upland, etc. As mentioned above, the fact that this property has no FLUM designation requires a data update to the existing FLUM Panel No.8. In no event shall an amendment be approved which wiD result in an adverse community change of the planning area in which tbe proposed development is located. Please describe how the FLUM amendment would not result in aD adverse community change (attach additional sbeets if necessary): No neqative impacts have been identified as a result of the proposed FLUM desiqnation. The desiqnation itself effects no chanqes on the qround. However, as a result of the chanqe, uses cna occur which all will require best manaqement protections, invasive exotic eradication, landscapinq and veqetative bufferinq, wetland protection, solid waste and seweraqe handlinq. Has a previous FLUM application been submitted for this site witbJn the past two years? Yes Date: No x All of tbe following must be subrnjtted in order to have a complete appU~tion submittal: (Please check as you attach each required item to the application) IE] Complete Future Land Use Map (FLUM) amendment application (unaltered and unbound); and lEI Correct fee (check or money order to Monroe County Planning & Environmental Resources); and IE] Proof of ownersbip (f.e. Warranty Deed); and IE] Current Property Record Card(s) from tbe Monroe County Property Appraiser; and (g] Location map from Monroe County Property Appraiser; and [EJ Copy of Future Land Use Map (please request from the Planning & Envirorunental Resources Department prior to application submittal); and fE] Copy of Current Land Use District Map (please request from the Planning & Envirorunental Resources Department prior to application submittal); [EJ Photograpb(s) of site from adjacent roadway(s); Page3of4 Last R<<.'\'i~ed: April 2009 page 000004 REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT APPLICATION I!I 300 foot radius map from Monroe County Property Appraiser Office IEJ List of surrounding property owners from 300 foot radius map [2J Typed name and address mailing labels of all property owners witbin a 300 foot radius of the property (two (2) sets). This list should be compiled from the curreut tax rolls of the Monroe County Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit owner must be included, and I!l Signed and Sealed Boundary Survey, prepared by a Florida registered surveyor - sixteen (16) sets (at a minimqQJ survey should include elevations; location and dimensions of all existing structures. paved areas and utility structures; all bodies of water on the site and adjacent to the site; total acreage marked with land use district; and total acreage shown with vegetative habitat). If applicable, the following must be submitted in order to have a complete application submittal: IE] Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) ~ Any other Monroe County documents including Letters of Understanding pertaining to the proposed Future Land Use Map amendment If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge ch information is true, complete and accurate. Date:J//2 ~ J 0 1 1 I Signature of Applicant: Sworn before me thist.. :3 day of RICHARD PUENTE . MV COMMISSION. DD 937851 EXPIRES: March 2. 2014 ~ iii . Bonded TIlru Nol8ly PilbIIc Uncleiwltlllnl r')J Notary Public My Commission Expires Please send or deliver the complete application package to: Monroe County Planning & Environmental Resources Department Marathon Govenunent Center 2798 Overseas Highway, Suite 400 Marathon, FL 33050. Page 4 of 4 Last Revised: April 2009 page 000005 {tlpts 3Jn~r"turt'. !MM. ')., 't7t "'01 ..crl\ \I'" M," iJET/f'r.tN 'Nltl'l,'XJU.A ISLAllD, INO.. /"1 .A,O.19... , . . t'o"por~,lon r,ai.linK Ii""" ,1t,./1I~" 0/ "ll' 5'41'" 0/ Plorld4 . h.e'''"K /" p; iltt"/pIIl"laro 0/ bu.lill"" i.. ,11,. (:nutlly 01 Monroe Plo%"1 da IIMI SllIr" 0/ M<I /Gw'f"llr .1111.",/.,-1 ,,; 1/"OIt_1 lI..,in..... ill /11,. !ill"" ., flom14, po"y 01 ,h,. j", pd", end PEa C01lPORA'l'ION, ill Flor1d. oOl"'poratlont L;26 '.1Mhin.~t),...\7t.. WI'j'1I'(I1\t, n".Uk, "tetJX"o,if>/l ,../i';II1/ unit.., ,II~ l"ln of ,h, S'Il'. 0/ 11Q1"ldl1 , "'-l1ilttf I" I'tjMipol p'~f' GJ b..,I""., ", ,11f Caun,y "I M()nroo Md 5'41'" of 111or1d.o., "'" '-II'/lllIy IlIlho,II,.,J '0 ,"""...., bl4l"',.. in ,It, S,." 41' Florid., }l41'Y 411 tit,. ,~mwJ pul. rf'ITNESSf.TII: Thcsl ,it.. ..id />0''''1 0/111. ji,., pvt. 1M 4hJ ill tOluirll'i'lllinn of ,It,. .1/171 ,,/ TEN DOLLARS and othe~ good and valuabla eona1derat1ons ~ III II ,,, "11"" paid b,Y lit.. M'd p41rf)' ,,{ lit.. _Md /'G'" II.,. ,..,..;", Id""'OJ i. h..,..by IW'k"oto.INI_rd. It.. p1IIl'fYI. hGI,.ainovl. GIld .olrl ,,, ,/,,. fOld ""1 0/ ,;,.. ~tld fi"". ill IlVC"U'''~ ."d uriPJ$ lOf,.,.,.,.. I ,A, /OUOIl1114 dr/1,~/lJNl IOl\c1 .illl'I/", 'rinG M4 b..i,,~ i" Ihf' COU"'"f of I I I I I I 1 HoJ),1' 0 0 erul s/o,.. (1/ rWid.. ,~i" A PQ~~al or Bar BottQ~ Land ~nd Spoll Ara~ Northwest ot tho ISlBnd or Kuy Voot, Plor1d~. And mor.e PQrt10ularly desor1b~d as tollo~al Commonolng at th~ Northwesterly en~ of S1~onton Street at th~ 1~torB~otlon or the South~cQtor11 ~1ght-orA~Al 11"0 or S1monton StrOII't; and \;he wo.tortl of tho Bay of Plarl~A. run North 640 West for a diutance Of 2,150 reet. more or leos, to tho polnt of bo~1nn1ng of th~ property here1nattor d~Q~rlbod. Prom 1~1d point or bcgtn~ing, oont1nue lIorth 600 lIut tor- a <11stanoe of 1,000 teet, thenoe run Horth J.Qo East for & d1ntanGo ot 1,700 tuet, thonoe run SQuth 000 East for ~ d1otanoo of 1,000 teetl thenoe run douth )00 Vest tor & d1stan00 of i,100 teet bl10k to th. point or beginnlns. Sub3$ct to oondl~1ons. re.trlQtlon,. eaacmGnts and 11m1tatlons (}t"reoord. Sub310t to taxe. tor the rear 19c6 and IQb,equont years. B~b~'ot to . pU~Ohal. mo~', .ort~s.. ~ I I SubJ~Qt ~o thoa. ~.rtaln re8.rvQtlon~ untQ tho Trustoea ot the Intornal I.p~vftment Pun~ a8 reserved ln dead tIled tor reGord Karoh l~th. 1956, 1n Ott101a1 R0001~ Book 58. Paip ~4. Publ10 aeoorda ot Konro. COll1lt7. Plan4.a r~? ~ -} ."3.J ,,' 1.. ..::: :; F {~ ~ -- ~:pj "oj ;5 .--<':") ..,,.. ~ " t:: ?l _ ,"rr ~(') n g:"1 ~ :::. ~ O;l ~ ,..- " ..... ....... . I 'I I I: II II ..",,, .,,,i,,1I ,It,. 141&/111 de;",.,,/ .11 ~~~ lr~""'~;' " ? ..,...... .- . , , \ And ,It,. _ill /Nlly tJ/ ,,.,. pll4 ,.." JOO'f /&...,.,by /,,11, flClfW/:lI ,A,. .Sri" 'e.lJ '-d. IUIJ ..-ill bJ"",1 ,h,. -~""..-... 'l- .~ '-.\: .11 ".m~.Ity.t IW''''-' nOi", -..I (II rflI'pot'tff HJ II) Of GUiJcnJ. ."tlfr.<( by II'S....' ", "... d4y Gild :\ '1t..r"f~I'f ~"','fM. I/) r---- WISTERIA IaI.AtI ~. --- I A"..,.,:{' .%1 /fJ__0:{dZt.-:)r:C:;;Bl0:? "Z~~"I. ~/f;).:..::. i / &I1k..~. $.Wf".'Y' ~.ur-.r o. P,c,it/clu':1 /,itt ~:;J::::;;-p;;t",.r'fflN 0/141' ..' .",:)\:= '. I ". _LZ.~' e. ..8t--T../.~~Jo::' ..' ,;,:.,:~./:- :>.) \ &tntt ~f ]IlbrUIII. p' I . [ ~/;~: ;..t~. .~~: \ ... a '.. 'II'~ (fi. : I ;: ~J . : ., . .'..~.'. f.J _,,; 't, ,t QllluntllllC MOllnOR ". -(..:,;,'....-. ;., I ..... 1 ilru&lJ Cll,rU111. 'Aat on thiJ ~,,~ dG,. tit 9t:4'--~r "<~'~"~'~':::""""1"" :" 0. 19 . h,./orl' lilt pm"'''411'1 Ol'pH,rd AJUBYK ALDO :i II il ;1 I! :1 :1 II I II II I :I II :, ~ 1, I~ 'I ~ I. I~ II .... ., ~ i -- ~ J A elf. A. DAVIS. PIT,iJrnl IUIJ :;~r"I"'J' tf"yr"i,,,./y "I WIstaRIA ISLAND, lKC.. .. torpo'411,m und,r I},r ('''''1 01 Ihl' S,a,,, "I P10l'1 de., . 10 ",.. kllfJt4'r1'U hI' Ih,. """IlII, 11.110 dilllf~I"Il' Ivr,. ioin, UU"III1'1"nl 'U l#~h o!JIe.." IIhd OM,.,,,,I/T eclt-..of..JlI'.,J ,},.. ....."t'IIIUlI1 ,J""..'I '" b,. IIt"I, /,.... "'~, IUld liffd N .j,jrh c>Uftp" (Of Ihl' lilt' .Ild PUfPfJ'''' 11I1'1..lii liu'Il/Iru;"d and ,1141 ,bt1 aOi."',I.thrr-,,.. 1/1.. oOi. .-loJ "".1 0/ ..wi t'Orpor4/Htn. ond 11141 ,It, /l4id iIu""rrei'fI' I. ,"" .,./ Md,(t'1od oJ ,cld corpora,iOIl. lDlhtlslJ my A4Ilrl MJ oOitl,1I U'lll a' -fNr..~HIr:( .. In ,/'f! Cl>UtlI:I 0/ l'(o',U'Qe /". ...a S1ttl, ill Fl01"] ,It.. dfiy.li.nJ "t~ l4;t o/rm-UlirJ. / /' ~ ~~ fJ .... :.....:,...." (I'~'.,.. ~/ ^.L.-~r~1 , ..' " ..~ ,-'" :.~ ". 1.... ~'~..J(), .-/~ ~1J?:.~ ::t_. _..,__.,s"..l) ,.'l'.:! " II" "'., ," 6., 'I,)\.), , ,. .fj, fUA'e ~'AIL . :-! ~.f '3 \ ~; 1 ~:~::~!fJ:,.trlf"(OlrJ'JQ04 ::",~lI.ldIJIIOI/ Ll":';I~~"4,, /MeA '. ~ C, . -::; .':,: 1. "..ni.,"",U"I),I'UM/tJ r.......",...... a. 11. ,,'" ~.,"~ .,'" 1 :0 l.i: Cl.F;K'.'- R. AOAMS . u........o..., '. :!..~..I.!.-r::'..,t~1f.:i~. ~. ~ 11';Q(~Il~~lrl)1U; ~'I . ';~,~::::a:~"'~~;3 lJ~;. 9 q . ~ ..' '.' 11).... '" '"i " " ~ ~ '0 ,. e tS .. r.:i' ,,.., .~~.t~"" ";>.,."",.. .. .'" \'I:l !~~:: "j~l:~ I , ~-r$i~~1: !~1:&~! ~in7?';l[~::-:-:~J. ~";'?;.fTJ~' ~~,;1.t ....~"i- ~\ .,::". ",~ ~."'" ."',;\'1$ J,\r,,~:,.':.~-:.,., ~ "7,,,..-...., .~r,' .,.\;:~...i:..~?~., ~{~~~~:tJ.~. \ > '.({~fhAl,~ :, '~f-;L""l ~~. J!.5l:~ ~(1 ; V;I.'~:::i 'J' '. :l~~t.~~i.~~ r.~~~~'~..l. 'Ii'\.~~l~ fll \, ,....'::.J.j t'.__J~ 11<>\ \t..~,..... tk'~ ~ ,~XG*.;,:..~r:"'>.:::.:.. .J. i,;..."-'.::::~::Y//;,.; .:':~:,.~' : t 'r::-. ~., 'j j \,~:~\.tor" .. i~c~~ fl~1ii ~(~~Jt:l ii(~IO;'JJlI'i.Jli~JJ~{~j l~'i;;~;YP:~ 4(, :..."r l., '-'''~''''~' ~.')':" ~ o/~~~c:'>'., It,,:,,,--..~ ~,~ ~.c.'.,,_.'n'..."!"''',y '~_.fJ"n.:l_ ~"""..__'/w. ~~ L~ 'J ..... . '. ' " ~1,' ,I. ~~~~kti.,,~.,~ ~-:'~"";'''''''~' (~ .~. -..:-:~ ~ r ....~, '.;; - v.:,~,~~', ';.d', .....\,f.:, 'J! 'l.:..l.!:r.~, 1,'i'JrIl,v:OOY.:t\ .1"11) I~' ' ..., r.\ ( ~ TJ,-"o"8 ." .,..' ',M:'.!;, ~~, ~;(lf.~"'>' ,~..(,~..~:.(. '~':lY'1~9-' ~ 'i~)k:;~~,.1 ~., "r"~""'~'" " ~~t~.~ 't:- .to '\~'~ l' "~',;;'1"~ I . ~.. ';,0."!l....' ';:!~. ""~"'.!. .e. .~~.~~. - r ...:.,-;::z tJlr....~, 'I":" ,,~. ,': ;/:1"'.- . .;.,; I. <"':I:'.:l'~. '1" .:::...~, .' .~"', .~,. r~'(.~, ',1.....- ',' .....y......} ", J I ,. i':l 0 -f 'f" l~' <.~ n ~. =' .(.: .....: .'. ,",; '~...,.- , L~, .... " '~;HHOmJ' t;~ /: : (1 :',a.,;{ r......}.. ~...1J.;.., ~"'~ ;.~,: "V ~b.~..V. J ~r~i~.~.J B;.;~..;.' ( _:....003..._.. tJ.:.>:';'....:.~ ,. rr:~~.~ r2'~;~,~~U;11 t~ ; i .'-1./~ j .~ ~.~'.. ~::r;"I:':? ~'b~)::!..1L':1~ . '.\ ...::-:-. f Jlf.' [:/ I.; "', ',1 f "f":';' J ~ f tai~ ;~;iJ:i&~~ FrQ. '.'1 .,~ '. - -. ~7 f.....8~S..4. 5'6' '1' ;'i, j. '. I.... ;"J !.,:~ I . f' ,... '- ....".\ ~~"', t ~~i.:~.:_~..-:.:.~~:.\.fi{.i r;:i~ 4"._ f~ tA \,.,-"", '~."'.~\:'J ,p;I,'.r.l~t~~Tr:'rTTll t~Jl.!j..:.;.~~ ~~:, ."d '= f{ ~~ ~ ". \ . . . , . " ." :l:J Q iC ll~ s r ~ ~ ~to1 ~~ ~p#o 0..... ~ ~ au:: r, ~\tlI :Jl~ :..:~ ::!~ ~ l-io ';-1> iJi VI .... o , I l. ,. !I'.: tl'T . ........ '1' , . I' 'I~ {-- - ...{. Tl .f.~ ~'J P. .t. ,S- 1; ~.. ~ n ;-. '_' r -!,~ ~ ~ Of G- . ..... ~I..:. u<;) I "" I' ~\ ~ ~J ~ ,II; I' .j t '" ~'II .... 1/) ',.... Il" '1 '. .!(,o (, -- JI r ~ " ~ l. ~ . ~iri; !~'t ~ ~ ~' : ~~[I~..~: "\G,/{:I ~~~'~~; '~L : ~ ~!J ~'~I: ~f?:'C ~1: :~:: :r ~~I:'~; . . . ~ .. . 1.~-526 1.1;{ 432 1,1751 S":""":"E OF rr..oRI l)A BOAR;) 01' TRUS~EES OF 1'H.t llo"l'ElQIA1. lKl'ROVL"-Di'l' TRl/ST rtmD I I I : , I C4" ~ ~ Tl ;; , IIHO'oI ALL IlZW BY THESE i'RESD;TS: TNt the lUlder~.l~.~ 0 :... - ~ the State ot Florida Board of Try.te~. of t~ Internal ~vcgpn~ Truat !'und, under authOrlty of lav, tor and in con.lderati~ o~ ~ r ... ::JO t.b. su of PORTY OHE i'HOUSAHD HINE HUNDRED ONE AND 'O/loOm r 0 DEED HO. 246'8 119'5-441 1$41,901.601 DOLLARS, to It l~ hand palll, ~aa granted. barVa1ned And .old, end doe. by thee. pre.ents 1r.nt, bacg81n, ae.l and cos- voy, unto F.E.B. CORPORATION ot the County ot Monroe. ~tate of A44n.. , P.O. 10. 145). KotF Woo.. Fb. '.orId., and it. 'ucee..or., helra and aa.i9n., the followlng deacrlbe~ landa. :O.Vlt, A trlet of aWbmerged l.~d 1n the Bay of rlorlda In Town.hip 61 South, Rae;o 15 taat, lYing HOrthwest ~f the Ialond ot Key Weat, Moaroe County, Flor1da: being DOr. partleularly de.erIbcd ae tollow. by m,te. and bOUnd., .oid d.eerlptlon COntalnlng coordInate. and grld beerlng balell upon ehe Standard Plane Rectangular Coordinate Sy.t~ tor the ta.t Zone ot rlOfldel - ~ ~ ~ ~ f::;iS '" ...Z;;; li!i!~ iii!: Jll&...,J ~ w, 9- - ~Il~i Q << -! ~ i ~ :l! .. C~encin9 at ~h. Horth.aat corner ot land de.eriDed 1n T.I 1.r. D.ed ~o. 19974 And known ~a .Wl.teria Illand., .ald pnint ~l,o beIng lX-2Jl,226.04' And Y-B6,17B.9"I, thence fron a41d POlnt of Rei~nnlng. run North )0. 00' 00. teet, l,31S teet to a po~~t 0: curve, .e14 poInt alao beIng (X-211,81l.S4' and Y-B'.117.'9'): th.nee rvn Northerly end NOrthwe.torly along a Cyrve, concave to the Southwest, (s.ld curVe h4vlnq a Long Chord beArlng of Noeth 32. 4B' 00' Waat. . contral 4ng1e ot 5S. 00' 00' And e ealliu. of ),310 teet I .n arc dletanee ot J.171.38 teet to the end of aaid curve, Geld pOlnt allo belng (X-230,22'.66' and Y-B9.B8'.22'11 thence run South 39. 22' OG. Wa.t, 1,983.41 feet to a pol~t, ..ld polnt a180 bel~9 (X.22B,9~~.61' And '-88,353.B2'11 thench run South 62. 52' 00. Welt. 459.97 t.ot to a polnt, sald polnt a100 bolnq IX-22B,SI0.26' and Y-B8.l44.04'1: thence run South 21. OB' 00' Ea.t, 200 feet to a polnt, aald point al.o be~nq IX-228,6S1..7' and Y.'7,961.0S'I: thence run NOrth 62' sa' 00. Eaat, 700 teet to a poInt ot curvo, o.'ld poInt a:.o bolng IX-229,274.U' end Y-aa,285.U'11 thence froc .old pOlnt of curve ruft NOrthoAaterly and South- e..terly a1or,g a curve. I.ald c~rve having a central engl. ot jn' and. radlu. ot .00 teetl anll arc dlatance ot 62B.)a teet to the end of .ald curve, aald polnt al'o belnq (X-229.Sl2.se' and Y.88,111.7S'11 thence run Soutb 27. oa' 00. Ealt, l,21B.B7 foet to a point of curve, .ald point 41fto belng IX-230,l68.72' and Y-87,027.02'I, thanee trem .ald point ot curve run Southee.terly and Southva.terly alon9 a curve, la.ld curve havIng a central anqle of 5'. 08' ~O. and I radlu. of 364.05 teetl aD &rc ~~.tADee of 363.02 feet to the enA of .alll :urve and the Nort~a~rly cernar of land d~.erlbed 1ft ..111 T.I,I.r. Deed NO. 199'4, aa14 point al80 belftq (X-alO,lIO.Ol' and Y-86,678.97'" thence run SOuth ,~. 00' 00. Eaet, alon, the Northerly Ilna ot aeld land de.cribed lft T.I,I,'. DIed No. 19914, a dlatanea ot l,OOe teet Ncll ~o tJMI hint of Begina1Aq, 50011 ,3OTI1"O I NO..-... . (CONTll UEDl - - 19 page 000008 n I . 1f , : I I I I I I f':' ,:. -TI'- . . - . .. . -"'... , I :';,' - .' .. - riji., J .:..-..t~":. .""'.... r ('" . .~- .... :~~ ,- ~ ~:~~ : ,f:~:: '.: ~~ ~"; ~..~:~ I, . I .... : . .' '. ~ f~1.1 " .". ..-:' i' ,I .' \ !'.~ I I ~ . J'.y; r ~ :: . i . ..:,~26:~ ~33 cg~ta'n~~~ ~.~,uS Acre. mDre or 1.00. and lyln9 And beln9 in lh. Ca~n~y o! Hon.oe, In .414 S~A~a ot r~or14A. :0 ;~VE AA~ ,0 HOLD tho aboVe granted and deocrlbe4 prem18eD !orevor. S~Vl~C ~~ RESERYl~G ~ntO tho s.ld Sta.. .or i.de Board 0: Truo.e.. of tb. In~.rn.l Improvoeent TrUSt Fund end It& SUCC.S- oO.S, o~ ~~!vi.de~ th.ee-fovrtho intereSt In, And title 1n and to, an undiv~ded thr8'-~Ourths ~nter.'t in all ~~. pho.phete. ainerals and =otol. that are or mey be ln, on, or under the said land and an undivided one-half intor.ot in all ~. petrol.ua that 10 o. may be In. on. or under 'a~d land wlth the privl1.ge to .1n. and devolop the o&llle. lU .tSTIMO~~ "~EREOr. tho :OQbero of ~. StOte of Florida Board 01 .rUStee. 0: tbe Inte~nol l~provement Truet Pund have here- ~nLo .~.cr'bo4 t~.lr r.~e8 And haue cAuoed the official '0.1 of oaid StAta ot Flor:4a loard of Truoteeo of the Internal Improvament .ruet FYnd :0 be hereunto affixed. In the Clty of T.ll.ha..... rlO.,d~. on thio tho ~ day \I .t~.: . ..... "". GOVE~~ ~ ~ (E:>....-L\....I:.--. . T"~ AT~ ~f;: (SEALI $T~T&-OF FLOR:DA .OARC or TRUi~EES- or THE IN':":sRJ{,lo.L IMPROVEMENT ;~ST -.FtJND ....... ~ ) ..' ~: n >" cT~-rE. v ~l.;,9~Jqft~ ff,f~.WIA~-~'~iLQ'';'':''': eo') \ ..::: f... I Z \;. ~,~..\.= _,.,-r.'~~. 1 ~. ~1; U "= . o~r,.yr' -~FY == As"l,iR'TAl ~ i: u. ZDI~ ..... aild Connitutin9 the S'2'ATZ OF noJiIOA IIQMD or TRUSTEES Ol' TU tllTEllllAL 1lCP1IDVIXtIrT TIUlST rll1lD 1475.) l)ood 110. 24678 z Il9iS"~'5 0 0 11 "Jrffi - IDClQIt IlYI -.- .J ,,,...~ ~~ V - - pag2ffo9 i!AM :\......-.1 i iiACI. !~. .. -- "NY:. .j ~,~.~~. r \ I r I I ~ ~ N ...... a; o O~ """0 O~ NN ~Q IV...... ~...... = C o :l 0::0:: ...... ..- a; 0) 0) 0 to 0 ~~ ..... ..... ...... ..... >.l!i ~2: ~ ~ IV:;:! E (,) Q) Q) ~:a:: c(w " '- n:I <.) " '- o CJ Q) 0::: >- 1:: Q) c. o '- Il. ~ C ::s o <.) Q) o '- c o :E ~ ~ ;:l; o o o tJ') o CI. 1'- ::J 0 tD e g 'tl C) 0> .c ~ i r! ~ ~ tD M ~ o::l o z c( o 01 6 c ~ ~ .~ MOO N co :r: ~ tJ') o ~ QI o ...... 2i ~ (; :t: c( Cii ~ ~ ~ ~ 0( <<> (") ~ ~ l.l) tJ') ~ ~ ~ M M ..J l()u.. tJ') a.. <tl- a:: NCI) 8 ~~ en en>- UJ OUJ u.. a..:r:: ~ CD "> QI II! ~ QI Z c .2 U QI 5 10 :5'0 U c( !. :ii VI ~ .E QI E ~ ", 'tl Z 'tl VI c( III ii QI U C 'w 'w >. ::l .c m CI. CI) o ~ f:!2 UJ II! o :r: CI) u.. u.. o ci ~ f:!2 $ II! UJ I- CI) ~ ci z :':5 f:!2 I Q) ~I ~ ~I 0, VI QI E ", Z 'tl a.:- S a:: ", 0 'u ell' U g EI en ~ ~I tJ: co en "? r-- en co ,;, CX) M a:: o ::iE I- en >- ~ ..., ~ .., c 0 o z a~ ,- CI) t3 ~ m a:: o UJ ii I- OI(1) ~ ~ ~I >, -, VI- :::I' " QI' .=1 "" >1 :gi ~I g ! o z z ., II!I ~ o I- ~I a..~ 0 0 fl q q ~ o 0 q q 0' 0 0 .3! q q .c'. 0 g ~q 01 ~I f 1 ~CI)o18 8 ci c::i I ~ 1-1 ~, :u:: U U c( <( ~ 0> ~ tJ') M .n N ~ Ill. III O. 0 0 z z z 5: 0 0 a. ~I t:~ 0 0 ~I 5!i ~ ~ -: :Jj 0 0> .l! lIS o 91. N " 0; 0> c ~i ex> co III ._1 r-- r-- -.l ...J1 -- ,.- N '0 ell ::J ~ ~ (J) 6 o C!. l() tJ') ;; a:: o u..' 1'- ~ G) 0) IV 0.. ~ z ill I- (J) .z. ;a:: I d:M I ::iE! :~! co I~ 1 ~iO: ..J ..J' Z 0 '-:::(J) fil (J) :3 ~ ~ UJ UJ ::iE Q.~ I- CI) CI) I- ::::; ;;; ~ ~ u.. ~ Z I- o c( o iE ~ ~ f:!2 5 u.i f:!2 Z UJ ::::; :r: o I- 5 6 o ~ UJ o Z o 0 " ~ 0 ~ ~ ~ o c( ...J UJ CI) f:!2 6 ~ CI) N > I o c( I- Z i'2 >< c( ~ ~ () CI) Z ~ ~ c( ~ a:: ~ a:: UJ <9 LU 0 Z > Z o UJ ~ o I- 0 Z UJ 0 5 ~ ~ a:: 0 >- I- :r: I- ~ ~ c:; 15 g ~ VI u.. UJ '7 .!lo~:r:~ UJ I- CI) ~ 5 N ~ U) ~ ~ ~ o 9 "i!or-:..r- o.Zoo : 5 ~ ~ 2 ~ N ,... Cri o m 00 yo- 0 ON NN ..g III ..... :,..... = c o ::I 0::0:: ..... ..... 0; 0> mo roo O~ ~~ yo- ..... ..... yo- .. CD >-.... Q) III X:c Q) Q) .... > III ._ C .... .. l.J Q) Q) :::t: C(W ;;:;- (") ~ -0 ... n:J o -0 ... o u C) a:: :>. t:: C) Q, o ... a.. ~ ~ :::s o o C) o ... ~ o :E ::2 ~ ;1; ~I :g :g ~I "l ("). >! ... ... ~I ~ ~ I ~I .....: (1)1 I ..~I ~ W '0'0 '0'0 Lt),Lt) (0. ,"!. Lt)'Lt) ("),(") NiN I z;z z z z z o oio i I I 010 CD Lt)1Lt) ::J 01 01 ~ ("). '("). > "tI CD VI VI CD VI VI <( I i 01 10'01'" Lt),Lt) Lt) (0'(0'(0 .01.01.0 ("')l('t) .('l') N'N N I I I ;:; ~ :,.- I , , , ~ :g :g ., "l '. ("). ~ ,~ ~i~ ,.- :,.- I l I <,) 0 VI i j :010 I to 1 I I I I I ~ 0 0 0 i 10 i 1 I ~l 0 ~o 1/1' VI I'll U , I o 10 0 , "tI Lt) Lt) 01 01 01 01 C 0'0 01 Lt) Lt) Lt) Lt) I'll "l ("). (0 (0 (0 (0 =1/11' ~ ; ~ ~ ~ ~ "-~NNNN ~! 01 0) 01 Lt) Lt) Lt) (0 (0 (0 .0 .0'.0 (").(")1(") N'N!<'I 1 01,01 :&.0 I Lt) (0.(0 ui ;t/')- (")IM <'I iN i 10 I I , '0 ~'\i1lI~ (0'(0 (0 .01.0'.0 ~I~:~ 1 0,0 oio 0 j I I '0 I I , ! ! 10,0 1 J I !~ l~ ~ ~!.o ~ ~i~l~ , 1 i i I ,~j~ I~ 1(0 !(O 1(0. Ll"i 'to 1Lt) ~i~ ~ i I I o 010 01 01 01 0'00101 0) 'Lt) Lt) Lt) Lt) Lt) Lt) Lt) ! ::} (0 (0 (0. (0 (0 (0 1(") ~ ~ ~ ~ ~ !~ .N N N <'I N <'I '<'1 o 0 0 0 0'0'0 I '0) Lt) ,(0 [~ N I . 0'0'0'0'0) Lt),Lt) Lt) :::} I~ !::} '(") (") M N NI<'I I , ,01 0) 101 Lt)1Lt)1Lt) (0. '''!.j (0. Lt) Lt) Lt) M M (") ,N IN iN I !, I '01 0):01'0) 0'0 'Ol!m '01 'Lt) .Lt) Lt):Lt) Lt):Lt) 1Lt) Lt) (0.1(0. '''!. I"!. (O.:"!. '(0. :(0. Lt) Lt) 1Lt) 1'Lt) 1Lt) ,Lt) Lt).Lt) '(0") C') ("),(") (")'("),(") (") iNjNjNI<'I <'I NIN.N . . I I I I 01 0'0 Lt) Lt) (O'''!. ,.o'Lt) :~ ,~ 0) Lt) (0 .0 (") N I o a 0'0 0) :gr:g ; Lt)' 1 .0 1(") (") N~N '0) Lt) '(0 '.0 M N ~ ~ ~,....; (0 (0,(0 (") ~ ~1~:S; N '" Nlco a ,a 10) 01 I Lt) Lt) '(0 (0 ;~ ~ 'N N 0) I~ Lt) (0") :<'1 , I I a> 0) ,:g ~ '~:~ ,<'I N I , 1 , i : I~!~ ~:~ i~ (0\(01(01(01(0 ~:~ :~ !~. f~ NiN NI<'I'<'I I ! ! I I I i I I ,O!OiO,O 00101010 0'0 '0 I a 1 i :0 ! 0) I~ ,~ N :0) , Lt) (0 .0 (0") N 1m (0 .0 (") N ~I >c;;1 u u U UiU U U () ~ o in :i: CD ::J ~ > "- I'll III U. >- 01 )( a I'll 0 .... N ~'~;~:~,~ ~,~ u. ~,~ ~ o 00:0 0'0 '0:0 0'0) 01 ~:~i~:~ ~ ~~~ ~ ,~,m ~ u. u. ..... (0 01 01 01 01 ~ ~ '0) Lt) (0 '.0 (") N a '0 I I 010 o'o'o!o 0 i '0) Lt) (0 .0 '(") IN ,01 Lt) ,"!. Lt) (") N ,~ ,(0. Lt) (") N .01 Lt) (0 Lri (") .N ~;~ (0 (0 .0 .0 (") (") N N I~.~ ,~ '(0 (0.(0 .0 .0 Lri M M M N N N 0:0 a 0 0) . Lt) (0 .0 (") N 0'0 01 Lt) Lt) (0'(0 .0'.0 (") (") N N (") (")iM ;:;r; ;:;r;;;:;!; ~ ~l~ (0 (01(0 r i i M.Ol ;:;!; '3, r-: 'M' Ol'M (O!(O N .... o N G) Cl IV Q. OiO 0 a a 0 a I M I;:;!; I. ..... 01 '(0 , 1 I 11(") 1M 1M M 0) I;:;!; ;:;!; ;:;!; ;:;!; '3, r-:,r-:lr-:,r-: ri 01 '0) 1'01 01 M lCO fco co co co , ! ! M '(") .(") 1(") '1M 101 '<t''<tl'<t';;!) '<t,~ "l ~.!~ ;......I~ lri 'I:>> 0) 1m 10) '0) 'M (0 (01(01(01(0 (0 , ! i i o :o'oloio'olo I a a 010 OiO C') ,;:;I; r-: 0) (0 M (") '<t '<t M (") r-:'r-: 0) 0) (0 (0 ("') ("')10) '<t '<t.'<t M. (0") 0) ...... ...... ,ri 01:01 M (0,(0 (0 U U U U U U U U U U () () U U U U U U U U u. u. u. Lt) '<t (") 01 0) 0) Ol 01 Ol ~ u. u. u. u. u. U. N ~ a 01 co ..... 01 0) '" co co co 01 0) 0) 01 01 0) -r-~"-"- __ u. u. u. (0 Lt) '<t co co co 01 0) en ~ ..- u. u. (") <'I co co 0) 0'0 ~ ~ :; Q)i < 21 N 'O:t <Ill .... C") >1 0 .ij en: .... 0 ::J ~ 0) ...,; 0 0 iri .... 0 0 N Ol N en CIl Q. .... 0 OJ! CIl -- .... ~I (I) .... >- = c: 0 :J .;i <D a:: a:: 0 ::J 0 eI) 01 ~ 0 III :r; 0 01 (ij :?: 0 a. Q) ~ ::J < r-.. ::J 0 .;; c), z ..., CD 0 0 <D 01 I'-- Ii) It: ~ c;; .... "0 c'3 CD It:i (5 ~ .r= X W .0 ~ 0 Q) It: ",i I- Z a.. z 0 ",I co :I: <Ill -, 0) eI) 0: I'-- 0 U. 0) 0 u. 0 ~ ~ 0 ~8 CO ~ I ci LO r-.. ~. .... .... ~ z a.. ~ .... ..... ~ ~ . iri 0 I- 0 1P'ro 8 ...J ~ ~I C! 0 ...J ~o 0 z c( 0 0 (I) (I) 0 CD ~ OJ 0 ..... > 0 c: CIl ._ 'ii) c: o 0 c: - li r-.. Q) -J; ~ .... 0 CD ::J 2 E ... (j) (j) C") 0 0 0 ..... - N co :I: Q) <Il "0 - - 0 Ii) c: 1ii z "0 < UJ ~ Q) ::J c( .r= 0 0 ~ :is S 0 ell c;; a> r >. <Il 0 :e ~I c: Gi Q) "0 0 0' ~ c( Q) ,!: ii) 0 ~ (; == a. ell >. O:::i :u ~ w '" ::J .r= ! a.. :( u. .s a:l a.. Q), 1ii1 It: (;!!j Ii 0 01 0 el)1 ci N ~ C') ~~ c;:) "f N (0 8- N :~: Ii) LO 0 It: c: Iri "0 0 :::l' N ... I CO 'II: ~ - :5 ~ 0 - ~ ... <D c( a. a: 0 w ... I- 'CI 0 a.. eI) 0' >- ~ U: - 0 0 c:: V I- :::l 0 <II ..., C") Q) c: 0 0 0 C') E .2 c( <D' 0 () 1i)...J III C. == "', LO LOU. Z :::l CD Q) a.. vI- -g 0..- t g 0 It: <'lei) It: ell 11l ... 0 g~ 1ii 0 8 0 1ii c:: 0 '0 0 a:l 0 Cl C") Q) c;; 0 a:l O~ 0 E a:l ~ "0 <D CD <II 01 c: CO :'2 w ell (Q W <D III c: r-.. u. o..~ c( z U. ...J ...J ::J ~ :! <( v C") cO o 0') 00 ..... 0 ~~ ...Q nl..... ~..... = c: o ::J 0:::0::: :i: <( t-- ..... :.t- C") cO 0') t-- 0 0')0 o~ COO') 1.0-., ..... ..... ..... ..... .. OJ :>.- CD nl ::'::0 CD CD (;j .~ c: - .... u CD CD - .... <w e;;- N e. ""C .... ro <.) ""C .... o C,) Q) (t: >- - .... Q) 0- o .... a.. >- - t: :3 o <.) Q) o .... t: o :2 G) LO LO'LO :s 0.0 0 10 LO LO LO > N'N N .... .... .... X, (11, f-: xl W, c7;1 i i i 0 0 (Ill X' Wi i , , BIJ (11. >i all ~I ~I I ! ~i ~I ZIZ LO'LO LO OIOjO It)'LO LO N NI'N .... .... .... r ~I 0!010!0 0<; ! I -gl 0 0 0 0 0 ~I ~i (11' <31 LO LO LO LO'It),LO LO It) ~i~ ~ ~ ~ ~ f5;~ N N N IN N NN.N ..... ~1T"'" ..... .....[T""'l.....I..... I LO LO It) LO,LO\LOLO LO LO LO LO ~ m m m m m f5 ~ ~ ~ f5'f5:~'f5 ~ f5 ~ ~ ~ ~ ~ ~ ~ N N N'N.N N NIN N.N N.... .... .... .... .... .... '..... ..... .......... ......................... N N N N N N .... o N i I I IZ , I I I I I Jz I iz I i I I 1 jo 0.0 ! ! LO LO o 0 It) LO N- "r .... .... I LOILO o 0 LO LO NN ....,.... I I N OJ CD nl a.. 10 10 '10 '10 0 8'8 000 _I - o_'to. 0 It) It) LOlLO o.ti .N N N N N , , .LO It) o 0 LO..LO. N N .... .... , I I ~ 'I~'~ r-- ..... ..... N-I~I~ I i ml~:m I~I~!~ LO LO 0'0 LO LO NIN .... .... m,mlmjm'm m f::1t=: ;::'t:;:: r: .,..: lIi lIi IlIi IlIi lIi N '<t '<t '<ti'<t '<t I I 000 I 010 10 0 0.0 0;010:010 0 000 I 1 , I I i ! .' I . i LO LO LO 1t).1t)ILOlit) LO LO LO'ILO LO LO LO LOILO ~1f5'f5'~ ~ ~if5 f5 f5 f5 ~ ~ f5 ~if5 ~ NIN!N,N'NI1N N NIN NIN.N N'jN:N N ....1....'....'....1'..... ..... ..... .....!..... .....1..... ..... ..... .....;.....1..... I I' I I : I . I I I I I " . I I ! I ,! I i I i I I I I ill I I ! . I I . It)LO,LO 'It) ,LO.LO1LOI1LO LO,LO LO It)ILO o 0'0.010'0 0 0 0'00 0 0 ~1~'~II~I~'~!~I~ ~'~ ~ ~ ~ .... ....j................ .....,.....1............... .....1,........ , I I I I I 1 ' I o 0101010 010 0 0 0 0 0 0'0 0 0 000 I ! I I, I I I ~ OiOIO 0,0 0 O!O!O:O 0 0 0 0!001010 0 ::II I 1 I tOl I , 000'0'0 I i I I i LOI:gILOjlt) f5'LO!~I~ _ I _ I -. - NIN.N N .....'T""'1T"'" ..... I 0.0 0'0'0 0'0 0 0 I 1 , ~. LO LO It) LO LO It) 1t).1t) LO:1t) LO LO LOLO LO,LO LO LO LO LO LO It) m m m m m m ~: ~ ~:~f5 ~ f5.f5.f5,f5I~I~ ~ ~f5 ~ f5~'f5 ~ ~ ~ f5 ~ ~ ~ ~ ~ ~ ~, N .. ., N N N'NN:N N N N N N N N'N'NiN;N N N .... lIi lIi lIi lIi ~ ~: .......................................................................................................... N ~ V ~ ~ ::Ii .." .c Q) ~ ~' u u u u u u u u u u u u u u u u u u u u u u u u u u u u ~ o -:n J: G) :J ~ Co (Il. ~: ~~:O~ ~ ~'~ ~,~ ~ ~,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~! ~I~:~ ~l~!~ ~ ~:~l~'~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " " .r. '" .:; -5 ,S! 1l ] f ---'~--~l ~ '0 '= ~ ~ " '5 I ... '" ~ " " "" I 1) ... ~ ~ J Location Map from Monroe .." !2- q " 1: " ~ >. ';'; ~ " a " E ;c :; 0. t! ."" m .... " 9 e Po ~ L. County P,operty Appraiser 0. :>- W Q. :; ~ 0. t) t: .g Q. 0- 0- I < x .., ;; <: ~ >. C ,,) -5 ~ " " ... 0" ~ <3 J:: !! ,- m ;;>, r/i ~ :t ~ " <; 1li t:: '" 0- " ~ M ~ c:: ~ rJ'l ~ -0 >. i (; " e " ~ d ;: ~ .. "" 0.. '" ::> ~ "- "" '" e. i:l &1: ~ :::> l1) '" 0 '" ~ c ~ c "'" ~ .... -= <:.) t: "E ~ ~ LV ...l 0.., :t u g, " a c: ;j " C ~ >! ::> >, " '" " l) fU ;E " >< 0 j -g .3u z ~ ,.. :ll :ll e- > .!! .- I 3 ;>. 2 5. ~ ::I U i:: f ... ~ " " i , 'lJ C c: C " ::> ~ El ii 0- Z ""' e " "a S fU I 0 ::.c ~ " ~ 'j " >:: c -i:i c: ... f:! v 8 " s ~ " "" ~ ..c:: :! LV 0 .s:: ... ;; ::;; 4 c: "5 '" ~ V'l ... --0 "- ;. ::> ~ /! & :. .c 'lJ .r. " " '" >. 0 c " --0 J:: -'" ." " v U) .... :l ~ '" '" .... ~ " " " c:: e- .~ .,g ~ E :3 0 ::;; ~ .~ \ 0\. ~ :;: g 5- ::; '" --0 " ..J :; " u " " ,; .~ " '" '" '" u 'j ::> U '" c:: .!! ~ e " !l 15 :E d ;; E " > -= '" .= " \ \ \j -j I I I I .~! \ \ 1 ,.;". ( ! , " go . D ,- .,.ito \. ' ,.>" --...-..-.._-~ '1-- ';:;':') ~3i ',..: /"" -- ,\ t"\ ~ v -..) / i , I > \." i -) ; i ,.,.., -" .-, 1.._,1' """"" )~~~ / .\ - / "'~\. /-' I' f,.; ~ +1 i ,/ -'. "., :' '.<\. ~ I ,;. ':lot w>- Ol- e::> o:::z e::> ("'..J Z::> Cl:::: 00 <X: L&.J 2U >- LLJ <..n LLJ ==> 0:::: ==> L::l I-- ::z: ==> ~ L1- --' ... .. ,i lb ,... ! ., ~ ,'~ ~~,i ~' . ! J \ ~ g ... J tf) . , I J <9 ".// -. --J :"-1 ~:';j;~ ]] ! 3la ~ i! J! . :. 1 i :t . J " ,1 ,J:~ .' I I 00 I I .4r- . 0- ~ ~ : . '" , ~;: i j "S"ii" ~ .~ of " ~ e ~ \ . - I '" \ " ~ - ~ 'iJ ;.\ iili)f -J~I ,- ~ .'3 ~~ . '~ ~. \, . ~" \ "-:" 'I.... \"\- ) '" \ \ '~ \ \ . I , \.'1.... 10.., ~ . I. :, .~Ir'.. '," ~,...""" I \. : . i . "" '. =~r! ","- "'<110. ~,1 \ \ \ \ \ \ \ I \ I - I \/ I( !\ ! \ . \ V \ I \ I \, \. I \. \'- i \ \ \ i I i i i i -, ~ ~;~., ",. ... "'-:e,. "~~ ~ ~,;. f '. \ i \, I ~ ~' : ;. '. i ii iI :~ u/c ;1/ - i ; l } , - ! ' . it,- .S ~ l ( ~ I -~: :%: uCI) Z>- :::lW eJ.:.=: I I ~ I i ,I I j 1 J f ~ ;f a:: :1 c..>-~" ,-0,1.1.I' - U',:,=: a 0: I , mIra I ... o > W ~ ffi ~ 9 I - - .. ~: ::> ..J g S >< ~ i: I- CI) ILl 3t >- 1.1.I ~ .c ~~ ~1I ..... .u :>0- ...C zt- ::tG oCi UtI ..G 0::>> j&:l i! '-~, ... v " .... 1- " .... !;! 1 <'J ~ 300-.Foot Radius Map '" Co ~ ;; Co :; .... <C ." from Monroe County c. t' u III c. Q.) l:i Property Appraiser Office <: " .... Ql ~ ~ '::l Ql C E' ci5 -1 ... ~ :c III III u.. ~ .:; at Vl <l.) " 'j" '2 IV ~ C. 0:: .! c ~ '" .... " fl' R. S 2 ~ '" ^ e ^ .2 i: 13 " !'" Ij: ::i .;:: <l.) " t: C ~ , ~ -'> III C Ql -1 i:l.. ~ U ~ V> Q. g :;; ::: c C IV ~ >I " ~ .. "- c ;; .3:! :! Ql at -= <: S <> 0" "" I z III C C :.c t:: 00 u 5 ell ~ 0:: ~ & ~ C (J c.., >. Q. ~ l:! '" ::l 0 ::J ::J ::i '" a; i 0 c :3: !",J ,. E g U '0 .0 ~ " "'- z "a S = ;::l :::.e: i. g " " <> 'il ~ mm ~ lo! 0 :; " '0 ~ ... ~ " .;" IV 0 U <:> " :2 '3 ~ " lL! oW ~ U " ~ " .;: " ..g -5 ~ 0 0 l. m Jf <:> 1= '0 ~ :2 2 <; :; :t '" 0: Il " :is ~ ..., e ::< V> ..J " '5 "9 .~ " U J U 1:$ -5 ~ U ;! .:i -g '0 <Il " ~ " ~ .~ .!I 15 'l:: :2 ;; .s :j .., ~ <:; ,.. ;; '0 .~.....-~- " I~""" /' - ."-.. / ; "'-, ~ \. .- \ '-.'. \ 1 ")' \ -., "-'-." \ '. ,~/ " \:!:' --'~"-",,-,-,,~..,._-. '~..- \\ - '. \ \\ '1) f"... , ( " j "> - \--,. 1. .." ", ...._;.~-'---~~)j/ I roo" .."'.... ,....".... J/"-............. ",I' . ,,' AD/ . '.V"< // 1.__-0 - ;' 1\ \ / ~..... \ \'..... .;' "-."'__'"'\....1.... /' -" ''A ~. ~.\,,0-'/ j,/ ~ t" 'I \~ I <~ ;..> <3- :/ .;j. -,,,-~...-..-.._.~_..._.._.._+t_.._..._.._...._.._,........._ _.>_ ''''.''-'.- +-'0-0'.'''' 0_ __ +- I1'rf)//OGf1AP/l/C SlJRVCY IIFJ'()RT: I "'" H~~ie $",..,.a, (.ctn1rJr:'~ tIC'" O<<tflJfl# 17, 1006 ,tv~". D.<etr'ber 19. ]006. (..~,.".. _.. __ '" ~ ,,,,,., ". "". ..r..""" " .". "",_ c._'" M_ ".,"" '" ",. (. ."""""", R.'....,,' ,,,,,,,, '(8' ,,,.. """ .u. ".. l.B JJOO' _, oJ """""... ".... !,_lic,' 2"" Eq1Itpn>tll'rt: 'J s-..,...... ..,...... .w,", on ..."",,,,,. ,,,,,,,,,,.,,. ~""" ... ' ,,,,,,J i'_-~ "".., ,,- '" BJ """,""". ,.."e.".. ." do'"'''''''' ,,."". " ,."""', '<'''' ,;: -~, v,,';""J. R""-'~' {JiI'.."".. . n.. ",n"",'''' ~ P...,,,,.,.. ,,.,... ((](iP'J '''''0<''''' -, ..".... ,,,,m ,''' "",- .."",,;,., . ,. ,,,. .:;.:::;';',;::::::,j,"::?;' -:::::;-;::::;, :.7,..:~""... '"'' "''''. C"",,,,,:!, ,>"",m /I.on..... .,,--- ft:. ~!h AM.,.icOtl Off!""" oj r!iSJ . ,<1d ,...."..... ..,. ..... ""'" "'.."c,...,. '" , ,,,,. ...~ ",_..,If ", ."", r#. " '" -. (""...., ..1t'~tW tG 1JC'oO ~. Ct...I~'"' J.42' (Tcp 01 51'111) ..;,,, F~r.tp IQlreft ...-, 10 m.i",I.,- COlIlo.n-t tt/lo"" fl....OIt ",. .., (,lII.~/04' OIK/tItl"tMt, n" ~''''~,... ....,.. ... .." "'... "."."'" ,... .."",. oJ ... ""..,.. ,.. dO". ..~",.. .... " ,..- ConctitiorJ' Wtlnf tNl1 .,xA'" 'II ,.,.. r HYDROGRA WISTE':R.I.:A.. ISL.::A:J SURVfYOR'S IIO'ORT f. PflHOdUt;I.. 'II IhlS ,...Idr Ole "'11 WJIid ctrltnd ,~ Jtilh OIl" et'f'~~.-d ,Sur",1'IY. ~ 2 ". "". .......... ...",.., ,. ". ...io<' ","''''' "". ..... ",..... .., · -- ,..' Ih... "...... .._m" '" .."",,,,..) "'*" "'., """ ... ""'joe' .,_" "" .__,. "I ... _. ..,"'.. ... ..... ...... " ... J lh. ffI"'fJ de'CI'iP/1on :sIllJiO" h....C'O"t ~, pTOYld<<l or th. w/ffll ~ ::;.:If=g;;;, ..=.;;:,~;.::;:,;~:r. """""'.... '"C., <_,,,, CLCV.' ,,,..,..... '," .~.... LB.' L <"II' ...,... N.. >.... No'''''''' ....,.,,, ,..,,,. Do""" PD.' ''''' ",......'" po." """, .' <-'. PRP' ,.._... ....'-Ct...., ,"" 'N"'" 0' "" ..,..... ....,,,,,... '" r...,.. ../- "".. p. P" - .. ,.."..... ~0Rr10H1iU. . _. ..- ""... ... ,,,.,,,,,.. IP O-~ ""'"I. ....... '0 1M ,..., M)'..... " ... 1Iot.. ""..-"" Do""" '" " 51.,. P_ ,__,. Sp'''' I'~_H oJ..."", ""'io<,-A r..' I"".. ,,;" ." "",,-, ... oJ , "-' 0'" . S ~9'59'$1J' r 1. oP' ....., "",,,,,,_,, ,.... ,_, ,~ ,... (,'" ",,""'J .".-. """ J - ,"""'. """ $I "",-,,- Wt'$ido'I' or: Lt1f1,I- SqII"".. ~.Hlk Adp.!,.,..,.1 Soll..of# u.~; f';w.N#1 VCRSI<1" gf.OtO .. ...""..-" ....' ... ."... ."'n..... ... ..<<_,.... T.. u.... e PS P...... ....''''''., ,.."""'.. r... ... ~llcJSiIt~ys. II 1M ,...01 IrH (JllMf'ldly C;wUf/~) adj.l.,~C"'tt I. ,QtfI~(J'.-d 01 6 -<<"Iora ,. "'. P.'" (Coo........J ""p".".", " ..... .. _>D 4J ('''' ".._'J "., .......,'" """,01 -- " "" ....,. fltt.art ~'o,iOnit' "1<.,. "t6e:lt (j $.L.- a'ld fk>~- " <_,n "'.... .,,_ ... .0'0,,," ,. ,.. "",,, .-.... Do'." ."'''' /1m ..)..,,,,,,,0. !2 "'8PC~"''''''' ",." "...'" P,,,,.~~. 'yo'_ N W' """, .....~"" 00'-. N.C<- ",,- ......" S I.' 11M .."...., .... ....... ... _,,, 200' b, C."'..... C....._... "....". "" "".0-0'" ....... f'hoIl.' <JO!S)74S~6.oa il!Rnc;....t f l 1l'l. vpJoItd T~~h1-.: 5<#"'Y ..." .,pdaf".s 0> JtJl'IutII'y 25. 1007 ('- ,Sctrl# JPOI ,""'S 'Iff' omlll.,a tor 9'.01#1 <tat"t 16. lI#'NIJcIoS ""0"" ,.,,~ <'. txn<<l 0f1 tile ,.""itvlal C~.'pc ~IJ<<I ticl"'" 01 191~ ;1. er:rof"1tnI~' Ot-.er.,I.on.s: , Ne.' ".,_ ....""'... """dot' "He ."" "....'"' '.."", ,..'~ . (I."",.... <2" ,.., {Nc.VD 2 2 ~e.' '10'''' -I'D'" erNOI''''"'''1o 2" 5"."dO" usee - ,/0'''''''' -NO'" "-. Cl...'.... ..". J. .e1 'IP''''' ....rcRV 2J". .,._. usee "'''' ,,-- 1J.C ...re., ,"' (-.'J)" c..."'" -.. ,. . ,,,,,......, ... '" i_ .., ",- " ,'.........."" '.- "'~,... '"""'....~ ...,... ...... .... ,..,...... ., 'Z{;/;;;'J.,,~2:c'~t- "",...01 """,.,. >'or,.... Do''''' u<CG- """.. '/0'" c_,,, G_". .oP..... uPl>>!Q ~RCA FROII APPADXIJlArt JlIAN HICS 'AtER 04~1.J-0IS pfRtJ,llTER '"' J.S1d rEn i Md."'. 919.8" y]l)AJlt. 11.(1 f21 ~ ACIlUJ 1 ('iiiiisURVf7"l.i(;DT";"'iiF.ANHic';;;-W;;rfR:<iitiViy AS "'ocnNEO IN cHAP-TiR- 177. 'P;lRT2 ....._---~---_.__..__._----- .-: ,"1,4 tP) 1: 1\ ll, / ,...., I rJ' ( ! \ \ / \ '\ "", ~_-----." '> ','-._____~-// V I " '. SUNSET KEY PER na;:C[.RI\;J(!1 .C\J)(S5tAH01 ,\!,/)\.;.,..It>,l9..o...-r'SouIe-IQf "t""<JJ~r;~~o;-:40 g 8. >fONtTY vAP tCl'~$IC.ALl .......,. LOCA 7lO/'I MAP ..'3t 10 3CAt1 ._" ~ _..-:,.1 I L~ND ~ I l'!.04CBO Ac.. . i " ., . . I ! -? .t . / _..1 / :'::'~:':'':;i.~''::",;.:'.~.'"'' .... ..~ 'w....., " 'ho .".., " '" .U'. .. ~- M' .... '- ,,{;,,,..c''''' ~, .'" ~~"_.""7 ... " .""...,... .".., " ,'" ..""",,.. .' ,.... _._"~'7 /'1",'...01-00'1I' "'. 01 :><rr,;)I'JI.,.., SI,,,.I ond 11'1. w.al.... 0'1 lIM B01 01 _100",,0. reJ<t lIor'" 40.,,". I IY:J ~::::"..~:,;o J<<i,o~~'.::\;.~' ~~:" ~~~ ~;G1:'::'::'.='. ';,..:;::-~.".::~:It,:~..::;~.;g. (0.1 lor '1 ~;'lOl'Ic. 01 l"100 1'''1. ;.n..-<" nrl" SOu!h 50' EtJ" fOt 0 "li,IQftC. 0' lOCO .tHI :I!~' ....."1 o;.o.,.u. ~ 'll"I1\ :01' :J .,.,!:>fW." ,I ..10 lnl ~O!~ 14 u.. 0('1"'1 a Q[(:df<ll<<;. """ " IICIt.1 ,)1 ""tm..CfMl I~ '" I". 9-:.'( 01 flOO'~ ;" 'tJW'\5hiP &7 !:,.,.u'" P~..,. 2!t [0'\ Jf""'fi N/I!'I",I 01 II" ,~ .01 ...fl1 k51 1ol00001C~ .':0.0011. (1O'1O'l. i:t~q 1"u)r4 OorliWi<Wl; """.'" C'f IQ.!lO - IlJ ....~n <0-"" :;r,"';, ';';:: ~O;:'s:',..~~~::';l:":';';''';~ '<.".,~:. ....,. ..... ... "w'" ~~p"" ''-'' " ;.~!'~::::' ~.:.:~.~:;=' (;=;;,.:;~-:- ~~:.":.::. ~~ ',;:, .:~: ,::7:'.::.<;;:~;";,;;;:,:,-,:; I;"'" North J?OOOI ..0,1. ..~15 .ll''I!\ lo 0 oe."'\ 01 .:~,.,. .o.c /,,0,,1 e"o. bot'.,." (':> .. .')N..I~~. ."4 1'...c:l7."74. e'}1 :...e-t:-r. '.... !'\CltI..Cf1y 0"''' '>I1'1..,.~,lerl, o!OI'Iq 0 c"cfotl. Cl:IIl('Oltt: to ~h- 1oCIY",...,!. l""tIS ,~,7o '~.-:;'\ '~:,"':,~~~,::;'~"',~,;~ .;2::;:';:::~ :.~~~;...:..::.~....~;:;.c'-;';':::-';:: ~'.:~.;:"(~~,:~,o;~'O:;:';:~~;i. ::::.~~';;;;..":;~~::'~;.,7.':;: ~/' ~:.,,::::;: ~ "",...1 <11-.0 ~'l" (11;.~.19) 21 .~d "!_ el!l JOl ,4-j. I~ f,," S<lu\l'! 21~1.59- E... ~:n' r.lO ~.I I,:, ~ ~or,\. .~,d ~~'" 011(0 NVoq {Jr...\.I. fl!.4 48. <:;!>(t . .158.IVO. 1$1; ,,,,tIl;. NI" KeY'" 5~.~"3 ~I~ lell 100 :..1 10 ., !ICllt1t 01 .:""r.. lI(lo(j poon\ 040 Ut"'jJ p.. ~S.~r.4" 0"" ".M.U2 W}. I""". ".om 10.d \llWl1. c! .."..., r..1'\ !'IOOI....,,'...ly :w'IC! ..,1.tI.OJleo-l,,]IOM] '1 ~"I~.:~ e:.>'.... 1\"''''9'' ..,1'0"' GnIJ'OI~' Gn4" 'lIciu' 01 400 ?ett} OI"d ol'\ "" ~,'''lI(t31 '!)2B:)2 ,,"1 1(: :1" .....d .:;1 ~ ........ $.00-4 ~I .,.so ~e""9 ~lr~1al'.O"~~~' ~d 'l'.fS5.26883'J. ,~<< ''-'''' ~lli 2-rO;.S')- lOS', I :l\.e07 ,~\ ~u,,~, 0'1 C....~ -..::id ~l eKorl :.....q (1_)86.61>1 I:; ~,d ..&1.\8" I~n. 11'\""'. !tOft' --' to"" ,I eur --. M__I.I, ~d .-.lh....lll'111 001'19 0 C<<fW (U1;,t e...,.... hO-i II <:.....!Iol ~9. >>1 ~T'OaClCr "'''.0 0 'QN$ "I ~un!J 1'!HI11. cr. ?fC <:1"\""'. 01 ~)02 'HI 10 I". <<10 ol ~id cU'... 0116 IN: -o.orln... . ~1t31". 0' ..",.(1 .s.w_:c~'" to"".! 11 ~Cll" NO.. I~-" ,old ~I 0)/10 (1_"''' t:(.)~5')0'l 01'14" - -M.Ui~"). I>>rtU ~,.~::;,:,'~~,,:,..,'::::. ~:,.~:;'",::r'~ik~..':~"'" ..., ...,,-' roo' a..... .,.,. . SUBMERGED LAND I -I- ~--- HYOROGRAPHIC- TOPOGRAPHIC SURVEY WISTERIA ISLAND (Christmas Tree Island) MONROE COUNTY. FLORIDA. ~ Cl ~ os x;"QI1OCF 'II s~.QO"E !~oo' (It) 700.0'" ( TE BY CK ___ ~ ~""<<l"OO-. 'X!O.lJO. (1".) ..w~~ ~'ftJ'''''' ~ (J\"""\ ~/1"1;11'~I ...1t"SfCJJCWU ~ --(:f" ~ /.~'f-- :;,~~-::;, ;1...Y.'.,......~rf;.1 i" ,/;,~".,\ !,'IJ ""; .1 ~ ;,dl.' o ;l) en r----:~----l, v; ( ~J ~ ~ii i ~r \~~ r \ i~i.! //si 1I1~!. I "" -. II' i \ (/~"'.. ,/~ ............-""" ~\ ! L_ ,.- I ij :1 ~, m~ ).~ Lv----.-:=-.-----:.' - iE>. I!~~~~~ ITi2l~ ~)I . ~>~ m 0 ,Ii~a ~ s:: I:~~~S lID I~~~~go~ ~~~:~cn q~i~ ~ g i~i g ~ ~ IV ... " m Ii i !Jl a z I~ 9 g E a ~ ~ ! n' ~: Ii . . ~ ,. I -: II p P ~' ~ cl !3 ~ <:" i r!i :J: ~!l. ~~ ~!i~~:al .:?i~~1; ~i['Z ;; ~ gOOn ?",e. I 9 :,M) ~ :9O'rd ~ ~ I "1 ~--;-~, t ~! ,'I, ~ " 1" . )~ -;; ~\~vt" --' ~ ~:. -;y r.n~ II! n~U I il IIIH ~ ~ lIii~ I iltii I ..1'\ . . \l~: ~ i ;'l~ l~lil ; ~ iil~: I,.iII; ~ '!I' eD 't' ill! !ii If" i III ~l ~o ~ "1 . a . ~ IlllUiIl:lllliWllWi llill tl' i .t ')I!'IIIUlu=11 :aI, l!I, , I!il I'C'!'l'lll1y$II'IIH lit I' I' .. I II III ; , ' , ,. li,h;" Illi'11h'I' l "'1"1 ,I !tr!I,,:'\-J,I.Jl~llll. I! Ii ,.'. 'Sri"!" .1\ I' -J'II I t~'jlill li;;I~jll:,II! illd f , 1;1;,' 11 ~1~4 :~I l III':' I !l~Ht!t~,~Il:~l~H~I! ;li!lll I tr;lIj:'i~III:!!~~irll'l t:!,li! ~ ~ i' t1~t111151,11 (I t I, !if I J:ihiBi~~~l!ln' \If ii~jl . llll'lllh~~!,I,hi I" 'll'!; rt .!:IH~~ij~:I'HII!~ :111' j ~!I'I!I~"hl' II' III 1~I'l' :IH lI!U:luh: f ,10 ,~! ! !~p I~n! jQ. J::ai i~ i i A @ B ~. . 6 !. i ; ~. ;~ I' i. g' ii -' ift ~: !, V t. g '. II I ~ . ~ ."",,, ...., "~~ '.. .... "'~J).~. -~ ..... ~ ~ ~ h oj ~ ii t;' [ 123960 PEB CORP POBOX 2455 KEY WEST, FL 33040 Wisteria FLUM Designation Application - 300 Foot Radius Owner Li! 123950 FEB CORP PO BOX 2455 KEY WEST, FL 33041-2455 Authorization Form I, ROGER M. BERNSTEIN Please Print Name of Director , Director, F.E.B. Corp - A Florida Corporation, authorize Trepanier & Associates, Inc. - A Florida Corporation, to be the representative for this Future Land Use Map Designation Application and act on F.E.B. Corps behalf with regard to this issue. -", L / ,-...-"-" /' /. / /' ---4 ._. I I) . ~._- / .__. / tv~'t1 \/, l~~:=f. L Signaturepf Director - F.E.B. Corp Subscribed and sworn to (or affirmed) before me on 'Jovember 1, 2009 (date) by ROGER M. BERNSTEIN Please Print Name of Affiant He is personaHtkn~~n.!o me or has presented as i~ntlrCation. I' ") v~ ,/-:'_/'" :' ~...- I . dvvC/,---- ( / Iii ,~ Notary's Signature "and Seal j ';><"., / ,.. OTARY Pl BI,IC.5TATE OF FLORlD/\ /""""" Vania E. Salgar ~ \at j ~on~mission # DD873380 ..,.",,~ Expires: APR. 09, 2013 ?G~i.iY:~ nUl\! h1'l.\N'fII: llOSOiIiCi co., l::t~ V AJ.'lIA E. SALGAR Name ot ACknowledger printed or stamped NOTARY PUBLIC Trtle or Rank i) /) 87'33f.3c) Commission Number, if any .\uthOTl2.atioD Form.doc Page 1 of 1 Wisteria. FLUM Designation Narrative EXISTING FUTURE LAND USE DESIGNATON: No Current FLUM Designation PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use Commercial ("MC") PROPERTY OWNER(S): FEB Corp P.O. Box 2455 Key West, FL 33040-2455 AGENT: Trepanier & Associates, Inc. P.O. Box 2155 Key West, FL 33405-2155 Key: Wisteria Size: Approx. 22 acres Real Estate Numbers: 00123950-000000 & 00123960-000000 Location Brief: --------~.'l ~ ,. .~ Wisteria is located within the Key West Harbor adjacent to Key West's Mallory Square, Sunset Key, and the Navy's Fleming Key Facility (also home to Key West's advanced waste water treatment plant). Wisteria is not located in the Coastal Barrier Resource Area ("CBRA"). Existing uses: Wisteria is man-made spoil created in the late 1800's as a dumping ground for abandoned vessels and dredging material. Not withstanding the owners' attempts to prevent it, the property has continued to serve as an illegal dumping ground. The property has long been used for the related upland activities associated with the illegally moored vessels surrounding the property. Boat repairs, cleaning, bottom painting, dumping of trash and debris, dog walking, cooking, camping, etc. Squatters have also long inhabited the property resulting in an extensive history of criminal activity. ~ovember 24, 2Q09 Existing Habitat: This property is approximately 22 acres and also includes an adjacent bay bottom ownership. The habitats on the property are by definition disturbed since it was artificially created. Exotic vegetation dominates the property; however, portions of the property include jurisdictional wetlands that include native vegetation. Neighboring Land Uses and Character: The adjacent FLUM designations are the Key West designations since there is no other nearby County lands. Historic Planned Redevelopment and Development ("HPRD") and Historic Residential Commercial Core ("HRCC") districts permit and promote mixed use, high density residential and vibrant tourist activities. I Adjacent Densitvl IntensitV I Intent to Encourage FLUM Unitsl Acre F.A. R.' . Mixed Use Development . Architectural and urban design amenities HPRD consistent with Old Town Key West 16-22 1.00 . Retainl Enhance public shoreline access . Encourage Public-Private Partnershios . Mixed Use Development . Intensely vibrant tourist commercial entertainment HRCC center characterized by specialty shops, sidewalk- 22 1.00 oriented restaurants, lounges and bars with inviting live entertainment; and transient residential accommodations ---_.- _.n LAND USE HISTORY Current and Pre-1997 FLUM Designation: Wisteria does not have a FLUM designation. The current FLUM (Map 8) was adopted in January 1997. Map 8 shows all County jurisdictional land was designated a future land use at that time, with the exception of Wisteria2. Map 8 clearly shows Wisteria within the County's jurisdiction but neglected to designate its future land use category. Changes to neighboring Parcels since 1986 In 1987 the military stopped using the adjacent property, then colloquially known as "Tank Island", for military purposes and sold it. The island was purchased, annexed by the City and zoned Historic Planned Development! Redevelopment ("HPRD"). It was later developed in a mixed use manner with residential. transient. and commercial retail. "Floor Area Rauo' , Please see Appendix A "iovernber 2.t 2009 Prior to 1993 the adjacent areas of Key West consisted of two mixed use zoning districts: Commercial Historic Preservation District ("HP-2") and Planned Redevelopment District ("PRO"). After 1993 the zoning of each was changed to HRCC and HPRD respectively. They continued to be mixed use districts each with a 22 unit per acre density and an FAR of 1.0. ANALYSIS AND RATIONALE FOR DESIGNATION 1. Compatibility with Adjacent Land Uses and Effects on Community Character: Land Uses: As demonstrated above the adjacent land uses are higher density mixed uses consisting of vibrant tourist-oriented uses in combination with residential. Density/ Intensity: The adjacent densities and intensities range from 16-22 units per acre, with a floor area ratio of 1.00. Community Character: The proRerty is located within the State of Florida- designated Port of Key Wese. The community character is one of intensely vibrant tourist commercial entertainment center characterized by specialty shops, sidewalk-oriented restaurants, lounges and bars with inviting live entertainment; transient residential accommodations, and permanent residential. This is a port-oriented area with heavy industrial, office, commercial retail, residential, public lodging, beaches, docks, wharfs and boat ramps. The harbor area consists of commercial, recreational, industrial, military and live aboard vessels moored, transiting, and working in the surrounding waters. 2. Local Use Compatibility An MC FLUM designation is the most compatible FLUM the County has to bring this property into a compatibility with the surrounding land uses and community character. The MC shares the most similar uses with the HRCC-1 and the HPRD. The purpose of MC is to provide for the establishment of mixed use development with permitted densities and intensities that are consistent with the community character and the natural environment. 'Is. 403 021 'Iovember :4, 2009 Comparison of Existing Adjacent & Proposed FLUM Designations Adjacent Intent to Encourage Densitv!lnlensitv FlUM Units! Acre FA R. . Mixed Use Development . Architectural and urban design amenities consistent 16-22 HPRD with Old Town Key West 1.00 . Retain! Enhance public shoreline access . Encourage Public-Private Partnershios a Mixed Use Development . Intensely vibrant tourist commercial entertainment HRCC-1 center characterized by specialty shops, sidewalk- 22 1.00 oriented restaurants, lounges and bars with inviting live entertainment; and transient residential accom modations . Mixed Use Development . Various Residential and Nonresidential Uses 1-6 0.10-0.45 MC . Densities and Intensities Consistent with Community Character and the Natural Environment 3. Density and Intensity The permitted densities and intensities for MC are 1-6 units per acre and an FAR of 0.1-0.45. The density and intensity of the surrounding land uses, HRCC-1 and HPRD both allow 22 units per acre and 1.00 FAR. While the permitted uses of the MC are very compatible with the surrounding land uses, the permitted densities and intensities allowed by the proposed designation are significantly lower than that of the surrounding land uses. FlUM Density/lntensitv Units! Acre FA R. HPRD 16-22 1.00 HRCC-1 22 1.00 MC 1-6 0.1 0-0.45 4. Local Traffic and Parking All traffic on Wisteria would, by necessity, be bicycle, club car, or service vehicle. All vehicular parking associated with wisteria will occur on the mainland. 5. Traffic Circulation All traffic on Wisteria would, by necessity, be bicycle, club car, or service vehicle. All vehicular parking associated with wisteria will occur on the mainland. Upland traffic will be a closed system by its very nature, with the exception of service vehicles ferried to and fro. Service/ ferry dockage will be based on the mainland. + .. \lm'ember 24, :009 6. Effects on Natural Resources: Wisteria is man-made spoil that is approximately 22 acres in total area above mean high water. An additional 125 ac of deeded submerged lands lies adjacent to Wisteria. A total of four habitat types occur on Wisteria: disturbed uplands with exotic vegetation present (740.5); disturbed salt marsh buttonwood wetlands (740.3); disturbed mangrove communities (740.2); and, the shoreline interface (Table 1, Figure 1). Table 1. Habitat types on Wisteria exclusive of submerged lands. Habitat types were delineated based on field reconnaissance, and habitat areas were calculated using ARCGIS mapping software. Habitat Type Acres Comments Occurs on higher elevations over most Disturbed Uplands w. Exotics (740.5) 18.59 of the property, invasive exotic veQetation predominates I Disturbed Salt Marsh Buttonwood Occurs along the shoreline towards the Wetlands (740.3) 1.32 northeastern end of property, and in two isolated interior areas Disturbed Manorove Wetland-{740.2) 1.44 Western side - tidally influenced Approx. 4,000 linear feet of shoreline Shoreline (altered) NA consisting of loose lime rock and fine sediments Total Area -22 acres Disturbed lands are defined by Monroe County as "lands that manifest signs of environmental disturbance which have had an observable effect on the structure and function of the natural community which existed on the site prior to the disturbance" (Monroe County Comprehensive Plan, Volume II, Section 9.5-4, D- 14). Using this definition, all habitats on Wisteria are functionally disturbed, although a further categorization of disturbed habitat types is appropriate based on the predominance of vegetative cover. Disturbed uplands are the predominant habitat, occurring at all higher elevations (> 2.5 NGVD). The vegetation on these disturbed uplands is mainly invasive exotic pest plants, with Australian pine (Casuarina spp.) being the most common species. Seaside mahoe (Thespesia populnea), Brazilian pepper (Schinus terebinthifolius) and bowstring hemp (Sansevieria hyacinthoides) are also common invasive exotic plants on upland areas. Native plants are common throughout the understory vegetation, and include seagrape (Cocco/oba uvifera), buttonwood (Conocarpus erectus), bay cedar (Suriana maritima), and black torch (Erithalis fruticosa). Disturbed salt marsh wetlands occur at lower elevations and occur along the perimeter, mostly towards the eastern side. Vegetation in the salt marsh community includes buttonwood in the over-story with an under-story of - ) - November 24. 2009 herbaceous wetland plants including saltwort (Batis maritima) and glasswort (Salicornia spp.) and sea purslane (Sesuvium portulacastrum). The mangrove wetlands are found in two areas: a large area on the western side; and a smaller isolated patch located on the northern portion. The larger area of mangroves is subject to regular tidal inundation over the southern portion, and is vegetated primarily with red mangroves (Rhizophora mangle). At higher elevations, scattered black (Avicennia germinans) and white (Laguncularia racemosa) mangroves are present. The smaller mangrove wetland is isolated from tidal influence, and is vegetated mainly with black mangroves. This smaller isolated mangrove wetland has a reduced ecological functionality due to the small size and tidal isolation relative to the larger mangrove area. The shoreline of Wisteria is approximately 4,000 linear feet, and consists of loosely aggregated lime rock and fine sediments that form a narrow artificial beach over most of the perimeter. The vegetation along the shoreline is a mixture of Invasive exotic and native vegetation. The transition from the shoreline to the adjacent upland vegetation is abrupt with the exception of the low, flat beach area on the eastern side. Potential Impacts of Development to Natural Resources Development on Wisteria is regulated by the environmental standards of the Land Development Regulations (Table 2). These regulations ensure that natural resource protection receives high priority under any development scenario, and that compensatory mitigation is required for unavoidable impacts to natural resources. Table 2. Potential effects on natural resources resulting from development. Habitat Type Acres Comments Potential utilization of up to 80% of disturbed upland area, Disturbed Uplands w. limited impacts on protected native plants, mitigation Exotics (740.5) 18.59 required as per Sec. 9.5-346. Mitigation standards and county environmental land management and restoration fund. Potential utilization of to 80% of disturbed salt marsh wetland area, limited impacts on protected native plants, mitigation required as per Sec. 9.5-346. Mitigation Disturbed Salt Marsh standards and county environmental land management I Buttonwood Wetlands 1.32 and restoration fund. In addition, permits from the U.S. I (740.3) Army Corps of Engineers and South Florida Water I Management District will be required for any wetland impacts, with additional mitigation requirements specific to wetland impacts. I) ~ '-/ovcmbcc 24, 2009 Habitat Type Acres Comments Mangrove wetlands have no open space, meaning development is highly restricted. All structures developed, used or occupied on land classified as mangroves, wetlands or submerged lands (all types and all levels of quality) shall be designed, located and constructed such that only docks and docking facilities, boat ramps, Disturbed Mangrove 1.44 walkways, water access walkways, water observation Wetland (740.2) platforms, boat shelters, non-enclosed gazebos, riprap, seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves, wetlands, and submerged lands. Trimming and/or removal of mangroves shall meet Florida Department of Environmental Protection requirements. (Sec. 9.5-348. Environmental design criteria for sDecific habitat tvDesJ The shoreline of Wisteria has been altered by the legal placement of fill material. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been altered by the legal placement of fill, and where no mangrove fringe exists, principal structures shall be set back at least thirty (30) feet from the mean I Shoreline (altered) NA high water line, provided that native vegetation exists or is planted and maintained in a ten (10) foot width across the entire shoreline as approved by the county biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50) feet as measured from the mean high water (MHW) line. (Sec. 9.5-349. Shore//ne setback). Potential impacts to submerged adjacent lands include pile-supported docks and vessel moorings. All structures developed, used or occupied on land classified as submerged lands shall be designed, located and Submerged Lands constructed such that only docks and docking facilities, 125 +/- boat ramps, walkways, water access walkways, water (500) observation platforms, boat shelters, non-enclosed gazebos, riprap, seawalls, bulkheads, and utility pilings shall be permitted on or over submerged lands. (Sec. 9.5- 348. Environmental design criteria for specific habitat ! types.) " (\;ovember 24, 2009 C[$) It'lllItBt Types o Dlsturbedwlth Mangrove (740 2) D Disturbed with Sal marstl (140 3) D DIsturbed Exotlc Vegelallon (740) Wisteria Island Habitat Types Consutllng Engineering IIlld Sdence, 100 0025 S W. 1481h Slreet. SUite 1 co Mlern',Florida 33176 Figure 1. Habitat Types. Wisteria, Monroe County, Florida. ~ '\lovember 14, 2009 Changed Projections Pursuant to MCC Sec. 101-3 and 101-4: The projections upon which the map was based have changed due to'the recognition that this piece of privately owned land within the County's only federally recognized deep water Port and urban area was neglected during the mapping process and has no FlUM designation as a result. Changed Assumptions Regarding Demographic Needs Pursuant to MCC Sec. 102-158(d)(5)(2) NA - No changed assumptions. Data or Mapping errors Pursuant to MCC Sec. 102-158(d)(5)(3): A mapping error occurred when the current FLUM maps were created. As depicted in the attached FLUM map for this area4, Wisteria is the only property in unincorporated Monroe County missing a FLUM designation on this map panel. It is clearly an oversight considering all other land on this panel is FLUM'd with various designations. Even the very "insignificant" publicly lands and mangrove islands located far from US 1 contain various FLUM designations, but this significant piece of privately owned land adjacent and within very intense are of land use was neglected to be FLUM'd. New Issues Pursuant to MCC Sec. 102-158(d)(5)(4): The subject property has been associated with an urbanized deep water port since it was created in association with the port in the 1800's. The adjacent property, also artificially created, was used by the US military up until 1987 when it was sold. The property was converted from military land use designation to a mixed use designation in 1993. Thus, the closest property to the subject property has undergone a significant change in actual land use and land use designation creating a significant new issue pursuant to MCC Sec. 102-158(d)(5)(4). Recognition of a Need for Additional Detail of Comprehensiveness Pursuant to MCC102-158(d)(5)(5): There is an obvious need for additional detail and comprehensiveness on the existing FLUM Panel NO.8 based on the fact that this significant piece of privately owned land was overlooked in the last mapping process. The error is evident by the fact that all other lands located in unincorporated Monroe County on Panel No.8 are variously FLUM'd regardless of their significance relative to US1, Habitat value, size, area of upland, etc. . Please see appendix A .."J .... \jovember 24, 2009 Data Updates Pursuant to MCC 102-158(d)(5)(6): As mentioned above, the fact that this property has no FLUM designation requires a data update to the existing FLUM Panel No.8. No Negative Impact Pursuant to MCC102-158: No negative impacts have been identified as a result of the proposed FLUM designation. The designation itself effects no changes on the ground. However, as a result of the change, uses can occur which all will require best management practices to be employed for storm water management, near shore water quality protections, invasive exotic eradication, landscaping and vegetative buffering, wetland protection, solid waste and sewerage handling. Conclusion Wisteria is the only parcel of land located in the area of unincorporated Monroe depicted on FLUM Panel No.8, which lacks a FLUM designation. The character of the surrounding land uses is high density, high intensity mixed use including commercial retail, transient and permanent residential, maritime-related uses, and vibrant tourist related uses. The impacts associated with the proposed designation can be accommodated on site andl or by the existing infrastructure currently located on the surrounding properties. The surrounding FLUM designations are high densityl intensity urban mixed use FLUM designations. Because FLUM designations must be compatible with the exiting adjacent land use fabric, a mixed use FLUM is the most appropriate FLUM for this subject property. Appendices: Document Appendix FL UM Panel 8........ .................... ...... ........ ..... ... ........ ......................................... .... ...........A Zoni ng Ma p Index - Lower Keys................. ..............___.............................. ............._... B Co ncu rrency Ana lysis................................................................................................ ..... C ~ II w>- C) 01- C) 0:::2 C'-J Z:::::> 0::: 00 <( LW ::2U >- . . ..",;. ".~,,:{9 il.'J..!.-?}J/ .)- ~ ""J . LLJ UI LLJ ::::::> Cl::: ::::::>C) I-- ::z: ::::::> <::(" LL... ---J .. .-. .; ... ,~ .-. J ffI - ; ! , . .r 5- ..Jjt <!!J ...."'" \..b . . . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \~ .~ \; V, \\ \l \ \ \ I i i i i i ::::. ;; '" '"I ..., .," I" .. .... , ":i ~: .~~ .. - '-' .l' fE [J ffi1] U"l :,pJ :,~ lfElfiEliBRIJ lB.j~.:.':, "'. .; . . I ~ it ~9, I r6..JJ; #' 0.~~~ ~ ..- ~1~r.OA i" ~. .}\ w~, 1 ". "'"r' =- "If: ~ ,~\ ....;.,;::..:=.~.'~~'!:\ ~ ~ '~;!J-'" , \,}. "~"'~L' ) r .' ~'L'\;":;',~" ; J"e~~~ ~,"". .. ''''''') i~~ ~~.~:.:,'~" ~~~~:\t~.,;~= -;.;JfIj '.' d}I~~'~~iJ'\\. ',.5 ~ .~...," ., . :;~.; i J "'r~ 1'li\~:iJ'r~~ ~:~~:.5':'; :~:JH ~; \ . .. ..;~~ 'f~}::i~ i' i: ~(i.; :<\.:~:? r .... . "'(" '\~", ~~~.~... c......)'., '-.;\:. j ~I. 'f in C" if::'....r.>'. ~. i .... """/1 \y.i\:" . ("},, ~~':"" ...,....../: I ~! j '/~;,i},~/;/ty: ';~;'1 ';:"'/ ~~\\:,~.}:., '>~I." :":::</\_r,,,\ I, ,~l~ '),:, . ,\,." <t ;., i )i1tj~\ --...:. {;, .~, '. 'h"\.... .: "". ,~ - ." '.''\. ...J .... . I' ~",. ' ,.J) . '-.....:- ~ \: ! C",_ En. I ~ ~.~, i. ~\., f )I p. II..:....... i fl.... r~"Nt 41 'i\.!, .#": ,,. . J ~ !. 1 'lis -e ;.~ \ I \("', \ \'\ . \...., .\ ";', ..): ~"f7 .:. ",,~ .....! \ \ ') ". ,J-' i .- J ; j i i I ~ \ - ~'\ (! \j' ',~ 1/ "'j ;:: .:.,' ~h:"?f ~. a - . . r::;:~d 1: . ,,-. "} . , '.'. ~-_._____._.__..i . ";; I, oL ;:)1 ,. J: '.L CL. <::(" ::E 00 .~. . ..- .~"" . .~ , I. ;~ q ~i ~J ,. i~ ~~ ~J ~ i " " fi :I ~,~ ~:i~ :! t~ ~:; ;j ~;i I I'), :;i J m ., ~l ::i d ; !Iii ;;!~!II,~ ;;i; :: ~1 ;-:- -~l '" li! :;) ::lUl ..I.... 00: o. l- I- e: Q,>- -OIUJ i up~ <:>, CEi' 0 ,I Z .. ..I '" U.. 0.. "". I- en UJ 3: >- .W :l( ---.:;;:;:. , .- ~:.ndjX ",8';1 I ~ w ~ ffi ~ .... I - - - .. ~: :;:) ..J g S )( ~ l: c ~~ gll .... .u ~- ..~ ~!! OQ u.. .oo 0:1 n -~~~ -- ......"...., Appendix C Concurrency Analysis This Concurrency Management Analysis was performed to understand the effects of the proposed Future Land Use Map Designation of Wisteria. The proposed designation is compatible with, yet significantly less intense than, the existing surrounding land uses. This analysis follows the requirements and standards set forth in Objective 1401.4.5 in of the Monroe County Comprehensive Plan and Section 114.1 of the Land Development Regulations. All areas of concurrency are addressed for potential impacts. Specific levels of service (LOS) issues have been analyzed. The property is unique in the respect that Wisteria does not have a FLUM designation. Given its lack of current designation we are unable to run comparative analyses and instead employed a Hypothetical Maximum Impact Analysis. The approach focused primarily on mooring field impacts (but did not ignore other potential development) and considered the development limiting effects of Code Sections such as Sec.130-156. We then weighted the capacities calculated using the hypothetical maximum impact analysis with functional occupancies and maximum occupancies (where appropriate) and then calculated potential system capacities to determine concurrency. The County's 2010 Comprehensive Plan Objective 1401.4.5 is the appropriate concurrency model to follow since it directs the County to ensure that facilities and services needed to support development are available concurrent with the impacts of new development. Objective 1401.4.5 states: Monroe County hereby adopts a Concurrency Management System to ensure that facilities and services needed to support development are available concurrent with the impact of development. The Concurrency Management System shall ensure that the County shall issue no development order or permit which results in a reduction in the level of service (LOS) below the adopted LOS standards referenced in Policy 1401.4.1 for those publiC facilities that are subject to the system. The gUidelines established in Policies 1401.4.6, 1401.4.7, 1401.4.8, 1401.4.9, and 1401.4.10 shall ensure that concurrency Is successfully implemented. The issues requiring concurrency analysis according to the Monroe County Comprehensive Plan are as follows: 1. Traffic Circulation 2. Potable Water 3. Solid Waste 4. Sanitary Sewer S. Drainage 6. Recreation & Open Space Novt'rnber 24, 2009 The analysis below found that the proposed development for Wisteria meets the concurrency requirements mandated by the County's Comprehensive Plan. This analysis uses the existing development potential as a baseline. 1. Traffic Circulation - Policy 301.1.1 "For a/l County roads, Monroe County hereby adopts a minimum peak hour level of selVice (LOS) standard of 0, based on the Florida Department of Transportation (FOOT) methodology for determination of LOS, as measured by peak hour traffic volume. The County shall maintain the level of service on County roads within five percent (5%) of LOS D. [9J-5.007(3)(c))'" For the purposes of trip generation estimates, we based our assumption on the closest categories to Mooring Field and categories matching our hypothetical maximum impact analysis. We then weighted the ITE numbers to represent the nearly closed system Wisteria represents. The weighting system used reflects the occupancy approach itemized in the table below and internal trips using available knowledge and experience from the adjacent Sunset Key. Based on these figures additional infrastructure is not required to maintain the minimum Level of Service (LOS) permitted (Level D). Trip Generation ITE # land Use Amount Trip Rate Total Weighted Classification Vehicle Trips per Day Residential Single Family I Residential Planned 23.0 7.5 36.2 I Unit Development (ITE Class No. 270) Moorings NA - no similar ITE 52.2 3.1?J 9.9 Classification I Employee Housing Apartment (ITE 5.0 6.7 16.8 I Class No. 220) I Residential Total 46.1 I Non-Residential Restaurant Quality Restaurant 4,000.0 90.0 179.9 (lTE Class No. 931) Pool Bar Drinking Place (ITE 1,600.0 11.3 4.5 Class No. 936) Harbor Master Marina (ITE Class 0.1 20.9 1.7 (acres) No. 420) Non Residential Total 186.1 Total Residential & Non-Residential Trips Off Wisteria Per Day 232.2 November 24, 2009 Data Sheets1: Table 2 Population based on Occupancy Use No. of Units Peoplel Occupancy Total Unit rate population SF 23 2.4 0.7 38.6 Moorings Private 57 1.5 0.3 25.7 Public 59 1.5 0.3 26.6 Population Total 90.8 Population - Maximum Use No. of Units Peoplel Occupancy Total Unit rate population SF 23.0 2.4 1.0 55.9 Moorings Private 57.0 1.5 1.0 85.5 Public 59.0 1.5 1.0 88.5 Population Total 229.9 Trip Generation ITE # Land Use Amount Trip Rate Total Weighted Classification Vehicle Trips per Day Residential Residential Planned Single Family Unit Development 23.0 7.5 36.2 (ITE Class No. 270) Moorings NA - no similar ITE 52.2 3.2 9.9 Classification Employee Housing Apartment (ITE 5.0 6.7 16.8 Class No. 220) I Residential Total 46.1 Non-Residential Restaurant Quality Restaurant 4,000.0 90.0 179.9 (lTE Class No. 931) Pool Bar Drinking Place (ITE 1,600.0 11.3 4.5 Class No. 936) Harbor Master Marina (ITE Class 0.1 20.9 1.7 (acres) No. 420) Non Residential Total 186.1 Total Residential & Non-Residential Trips 232.2 Table 3 1 Data Sheet assumotlons on last page \iovembcr 24, 2009 2. Potable Water - Policy 701.1.1 "Sufficient potable water from an approved and permitted source shall be available to satisfy the projected water needs of the proposed development or use. Approved and permitted sources shall include cistems, wells, FKAA distribution systems, individual water condensation systems, and any other system that complies with state standards for potable water2." Potable Water: Policy 701.1.1 of the County Comp Plan sets the level of service for residential potable water at 66.5 gal/capita/day and nonresidential at 0.35 gal/sq.ft./day. When calculating the potential potable water needs, we used the maximum occupancy, however unlikely, based on the philosophy that if Wisteria is at capacity for even one day sometime in the future, the potable water infrastructure should have the capacity to meet the maximum need. Total Potential Capacity Required: 17,934 gal/day i) Potential Capacity Required (residential): 6,051.5 gal The total capacity required for the residential use with 91 people3 is: 66.5 gal/capita/day x 91 people = 6,051.5 gal/day Ii) Potential Capacity Required (non-residential): 11,882.5 gal ft. is: The total capacity required for the nonresidential use on 33,950 sq. 0.35 gal/sq. ft./day x 33,950 sq. ft. = 11,882.5 gal/day The proposed map designation potentially results in a daily potable water usage of 17,934 gal/dal. Appropriate cistern capacity will be required to accommodate the above volumes.5 3. Solid Waste - 801.1 ''Monroe County shall ensure that solid waste collection service and disposal capacity is available to serve development at the adopted level of service standards/ concurrent with the impacts of such development [9J- 5.011(2)(b)2]" 2 Monroe County Code of Ordinances, Sec. 114-2(a)(3) , Population based on Occupancy analysis using US Census. Tourist Developmenl Council. CIty of Key West Garrison Big~t Marina, and City 01 Marat~on Boot Key Harbor . See Table 1 in attachments 'S~ould access rig~ts be obtained, connection will be made to municipal sewer, aqueduct potable waler, and KES electrical supply. ~ m ;\lo\'ember 24, 2009 Policy 801.1.1 sets the level of service for residential solid waste disposal at 5.44 Ib/capita/day. When calculating the potential impacts of the FLUM designation on solid waste we again applied the Hypothetical Maximum Impact, weighted by occupancy. Solid waste system will be collected manually on Wisteria, and will be removed via existing licensed waste haulers. The normal levels of solid waste generation and handling will be at levels predicted by functional occupancy rates, not maximum capacity. On those exceptional days where occupancy is higher than normal, the waste hauler is extremely experienced and responds accordingly. The occupancy levels were predicted using i) Potential Capacity Required (based on occupancy): 495.041bs/day a. The total capacity required for the residential use of 91 people is: 5.44 Ibs/capita/day x 91 people = 495.04 Ibs/day The proposed map designation potentially results in a daily solid waste capacity need of 495.04Ibs/day. Waste Management has more than enough capacity to handle this increase. 6 4. Sanitary Sewer - Policy 901.1.1 Policy 901.1.1 Monroe County shall ensure that at a time a development permit is issued, adequate sanitary wastewater treatment and disposal facilities are available to support the development at the adopted level of service standards, concurrent with the impacts of such development. [9J-5.011(2)(c)2] Permanent Level of Service Standards: (A) The permanent level of service standards for wastewater treatment in Monroe County are as provided in House BiJl1993 adopted by the 1999 Legislature. According to HB1993 passed by the Florida Legislature in 1999, all onsite sewer treatment facilities must be engineered and approved to accommodate the level of service demanded by a proposed development as required in the statute. 5. Drainage - 1001.1 Policy 1001.1.1 Monroe County shall ensure that at the time a development permit is issued, adequate storm water management facilities are available to 8 ibid ~~ \lovember 24. 2009 support the development at the adopted level of service standards concurrent with the impacts of such development. [9J-5.011(2)(b)1] Water Quality Level of Service Standards - Minimum Water Quality: All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set forth in Chapters 17-25 and 17-302, F.A.C, incorporated herein by reference. In addition, all projects shall include an additional 50% of the water quality treatment specified below, which shall be calculated by multiplying the volumes obtained in Section (a) by a factor of 1.5 , Retention/Detention Criteria (SFWMD Water Quality Criteria 3.2.2.2): a) Retention and/or detention in the overall system, including swales, lakes, canals, greenways, etc., shall be provided for one of the three following criteria or equivalent combinations thereof: (1) Wet detention volume shall be provided for the first inch of runoff from the developed project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is greater. (2) Dry detention volume shall be provided equal to 75 percent of the above amount computed for wet detention. (3) Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention. b) Infill residential development within improved residential areas or subdivisions existing prior to the adoption of this comprehensive plan must ensure that its post-development stormwater run-off will not contribute pollutants which will cause the runoff from the entire improved area or subdivision to degrade receiving water bodies and their water quality as stated above. c) New Development and Redevelopment projects which are exempt from the South Florida Water Management District permitting process shall also meet the requirements of Chapter 40-4 and 40E- 40, F.A.C. 6. Recreation a Open Space - Policy 1201.1.1 Policy 1201.1.1 Monroe County hereby adopts the following level of service standards to achieve Objective 1201.1, and shall use these standards as the basis for determining recreation land and facility capacity: Level of Service Standards for Neighborhood and Community Parks: 1) 0.82 acres per 1000 functional population of passive, resource-based neighborhood and community parks; and November 24, Z009 2) 0.82 acres per 1000 functional population of activity-based neighborhood and community parks within each of the Upper Keys, Middle Keys, and Lower Keys subareas. [9J-S.014(3)(c)4] Recreational Level of Service Standards: Actlvlty Requirement Monroe County Pop. Acres Exlstlng8 Complies (July 2008i Required Passive Pari< 0.82 ac/ 1000 people 72, 243 59.24 ac 97.96 ac Yes Active Pari< 0.82 ac/IOOO people 72,243 59.24 ac 97.96 ac Yes Table 1 As demonstrated by the chart above, the County has more than enough additional recreational capacity beyond the adopted level of service for recreational activities potentially required as a result of the proposed FLUM designation. , From US Census Bureau estimate · Basod on '2008 Public Facilities Cepacity Report' 0/ Monroe County FLUM Concurrency - 11/20/2009 Population based on OCCUDancv Occupancy Total Based on US census data for I Uae No. of Unlta People! Unit I lolr- II;verage owner-occupled household Idly of Key West (2006) SIZe In Key West, according IXl US SF 3 .4 0.7 38. Census (American Fact Flrderl I Moorings Pnva18 57 H ~0.3 25.7 Tolill "'unctJonar Based on occupante Information I Publi 59 1.5 -.... O. ~ 26. populallol'l. pl'O'<ided by Ille City 01 Ke"/ West PopulatRln..Tolal --..... 1lll:~ Mooring FIeld and Boot Ke"/ Mooring ~............ lfelil PODulallon - Maximum '.... ~ Based on occupance Info...lloo ., provided by the City 0/ Ke"/ west Uae No. of Unlta People/ Unll Occupancy Total.............. Mooring Flekf and Boot Ke"/ MoorInQ rat.. D<lDulatlon "'-..... ftetd SF ~~.U 2. 1. I~...s on 100% Number assumes average of 1.5 occupants per Moorings Private 57.0 15 I~ 1.0 85.5 Octupancy mooring ball. Currently Boot Key and Gamson Publl 59.0 / ....,1. ----ell: Bight expenence on average only 30'1> Population Tota 229.ll Number assumes average of occupancy of IheIr mooring fll!lds. Average owner-occupled household size In Key We!!, L ....... / 1. 5 occupants at a given Ume. accmdlng to US Census (American Fact Ander) I . Maxtmum of 28 days may be Number .....mes ave"'9o of 1.5 I Total functJon~ spent on public moorIng.. Trip Generation ITE "land Use Amount T I populalfon. occupanto at a given Ume. Uveabon:ls C laeelflcallon r p I Vehicle TrIps f"...... are not permitted on state lands "". nDU' "- 'Realdentlal Number assumes average of 1.5 occupants per mooring baiL I I I ReSidenua. ..,annBa CUrrently Boot Key and Garrison BIght experience on average Single Family UOIt Development 23.0 7.5 36.2 only 30% occupancy of their mooring foeld.. ITE Oass No. 270) --.. Moorings NA - no Similar ITE 52.2 3.2 9.9 Vehicles per 1110O<I09 at experience shows less Classification both KW and the partlnent( II t: \;laSS Marathon mooring field. than 30'1& 01 die resldenls Employee Housing No. 220) 5.0\ 6.] 18.! \ is app,..lmatoly 20% 01 Sunset Key haVl! . \ Vl!I1IcIe In assodatJon w1ltl Resklential Total 411.1 tHlr resldence. Non-Resldentlal Yuality /'teslaurant \ ~\ GIVl!nlhe_Sl'Stem Restaurant ITE Class No. 931) 4,000.0 90.0 179.9 aspod 0/ the property, we .ntlclpall! olf Island trips Pool Bar nnklng ..,ace (" t: 1,600.0 \ 11.3 4.5 tD be redUCed by Class No. 936) o,eP""'imatdy 50'11o Harbor Master Mama I" t: \;'855 1'10. 0.1 \ 20.9 1.7 acresl 4201 GIVl!n ltle experience 01 Non Residen i alTotal 186.1 Sunset Key, we Clin Tolal Residential & Non.Resldenll I Trips 232.3 ant/cipall! apprtllllmatetv 50% or Iile tripS '" be Based on occupancy Internal Given expetll!oce af experience in the Key Sunset Key, we can West and Marathon nticlpale Ipptoxmatelv Mooring FIelcf$. 15'l1o rJ the trips to be Intern.!. Prepared by Trepanierpag~81, Inc. \OtaomarnframelCommonlOTAlIP,oj_iFEB . Wistoria\Cona",,,ncyllOO _ Co""""""'Y Numbers 11.4-09 '== I lJ I I. gl \ .."".....~'I;~-....... !! ~ i ! II III i I'il-I 'I' " 1~l'iJlrJlr I , II 1111. .).1", " I 1 ,'I', J" i!ihii!'~"I!"lf' 1 ,nl, IJ,II!III;..le,ltt"(I'[ J ,~h · If' ) & I " ! J/Ii'I I'll ihl'l"I'iJ!il )~ I II. J'I tla!Jltf'~.1 f I ~i'i;. !f' J HI,iSlllli!li' ! , dill 'J fJ!i,rleJI511:Utlrl I' ,.,-1 Iufi i-!'~I~.'W III I t"!j iI'l,il~iUH'i;!Hil~ ~ ilil~ :lllm'!~il:;ffHHim JJ flllfj 'dl,dfll,~lll:llhir. h j' J ,I . I r).r, If A" !i !I :~i!; n I:h:!::ifl!f~:!lfil~ ii,,,' '11!1~I!rJrnllh!lf:.fJ' ~.N J!1, !,ff Mnflll;lIbd I' l- II HU 1~. I! }II! "i Ji!!) . ll;~ I I~l~' JI~ ~ ~ nif~ ' . I!II! I. ;HU ~ :1' ~ft'f . I. ~ ~Jljl ' . Q !I:J J ~L ~ rE\ U . Jr3~ \ l ) ! .. ~ ,. .. ~ "Z' p~~ 1 OP: I li,!II !IE ~~ II g ~ . S... :z: !!l.!!li! ill"! ~:a ~ ~ !! N ,,~~d ~ = 6 J .. II ~ a ~ ~ I ~ e ~ it -:. l(l rl en ~ .1 w (!) po. f l-Zg !Kr ~~~a~JI' o c( 5h I (J) ::t Ql < ~ ". (J) .OlL I <tll~5t1J all (!) IU it [(lll z~ -." ~>=~e~l: ~~~~Qj.' -a:~;{~1. ~ ~ ~~~!' :I .BMI! ' .81 I!., ~ I .1IJ I J Ii ! If ~ll t ~l'.] I 'e ]~i t) : .8 ~. f II 1.; fIr Ii ~r'-"~ ! I i J ):I.s~' ~ ., I ~~~. ~J l I ' ..1.. I . 1 II! j 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 1 Bulk Item: Yes Division: Growth Management No 2:L Department: PlalUling & Environmental Resources Staff Contact Person: Christine Hurley. AICP. Director of Growth Management AGENDA ITEM WORDING: Approval of a resolution to transmit to the Florida Department of Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM), amending the FLUM designation from Undesignated to Mixed Use Commercial (MC) for Wisteria Island. ITEM BACKGROUND: Wisteria Island is an undeveloped spoil island located approximately 500 feet north of Sunset Key in Key West harbor. FEB Corp. has submitted an application to amend the Monroe County 2010 Comprehensive Plan Future Land Use Map (FLUM) category from Undesignated to Mixed Use Commercial (MC). FEB Corp. has concurrently submitted an amendment to the Monroe County 2010 Comprehensive Plan, establishing a Sub Area Policy that limits the density and intensity of uses allowed by the proposed MC FLUM category within Wisteria Island. No upland development will occur until an offshore mooring field receives a Certificate of Completion. The attached memorandum summarizes the proposed Sub Area Policy. On June 23, 2010, the Planning Commission completed its Public Hearing and voted 3-2 to recommend approval of the FLUM amendment, as recommended by staff, to the BOCC. PREVIOUS RELEVANT BOCC ACTION: On June 29, 2010, the BOCC voted to continue the Public Hearing to Wednesday, July 21,2010,6 PM at the Harvey Government Center in Key West. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval, provided that the associated Sub Area Policy amendments are approved for transmittal to DCA. TOTAL COST: INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 -~~~. t" ,j (,*". ~~ RESOLUTION NO. -2010 A RESOLUTION TRANSMITTING AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY F.E.B. CORP. TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM UNDESIGNA TED TO MIXED USE COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS WISTERIA ISLAND & ADJACENT BAY BOTTOM, HAVING REAL ESTATE NUMBER 00123950-000000. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the future land use designation of Wisteria Island; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested future land use map designation change; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance for adoption of the proposed Future Land Use Map amendment. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment of the second (2nd) set of comprehensive plan amendments for 2010 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statues. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Section 3: The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of Rule 9J-5-11.006, Florida Administrative Code. Section 4: The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the _ day of A.D., 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner Mario Di Gennaro Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY 23 24 25 26 (SEAL) 27 28 ATTEST: DANNY L. KOLHAGE, CLERK 29 30 31 32 DEPUTY CLERK 33 34 35 36 Mayor Sylvia Murphy 2 'tic. ".;r;"i.;;'; , r ...' I .. l;~\\ -~.fI.~," 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Mitchell N. Harvey, AICP Comprehensive Planning Manager Thru: Christine Hurley, AICP, Director of Growth Management Date: June 23, 2010 Subject: Request for an Amendment to the Monroe County 2010 Comprehensive Plan, Creating Goal 107, which establishes a Sub Area Policy, together with Objective 107.1 and Policy 107.1.1 which establishes a Sub Area Policy for Wisteria Island within a Mixed Use Commercial (MC) Future Land Use Map (FLUM) designation. Meeting: July 21, 2010 I REQUEST . i:'i,} .~ /., , ' " '. , r, J .;. ',.'~',' '/::.), ;~ ;..ii;~'" This is a request by FEB Corporation to amend the Monroe County 2010 Comprehensive Plan, creating Goal 107, Objective 107.1 and Policy 107.1.1 that establishes a Sub Area Policy that will direct future growth and development within the subject property known as Wisteria Island (aka, Christmas Tree Island) and the surrounding waters of the island. This request includes a corresponding Future Land Use Map Amendment from Undesignated to Mixed Use Commercial (MC) that should not be approved without this Sub Area Policy. 32 33 34 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, lof25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Wisteria Island is an approximately 20-acre unincorporated spoil island located approximately 500 feet north of Sunset Key within Key West harbor and west of the City of Key West. The property owners also own submerged lands surrounding the island. Address: NIA Real Estate Numbers: All ofRE 00123950-000000 Legal Description: A parcel of Bay Bottom Land and Spoil Island of Key West, Florida, and more particularly described as follows: Commencing at the Northwesterly end of Simonton Street at the intersection of the Southwesterly end right-of-way line of Simonton Street and the waters of the Bay of Florida, run north 60 degrees west for a distance of 2,150 feet, more or less, to the point of beginning of the property, hereinafter described. From said point of beginning, continue north 30 degrees East for a distance of 1,700 feet; thence run South 60 degrees East for a distance of 1,000 feet; thence run South 30 degrees West fir a distance of 1,700 feet back to the point of beginning. II:l1~ROCESS ._li._ ",,' . ').;f' . . "l. Comprehensive Plan Amendments may be proposed by the Board of County Commissioners (BOCC), the Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee (DRC) and the Planning Commission. , '".' 'j;,.~ The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. The BOCC mayor may not recommend transmittal to the Florida Department of Community Affairs (DCA). The amendment is transmitted to DCA, which then reviews the proposal and sends its Objections Recommendations and Comments (ORC) report to Monroe County. The BOCC holds an adoption hearing within sixty days of the ORC report and decides whether to adopt, adopt with changes, or not adopt the amendment. This amendment is unique in that it is in close proximity to the City of Key West and to encourage intergovernmental coordination and maximize public input, Monroe County staff worked cooperatively to include the City of Key West Development Review Committee in the review process. While the City of Key West is not an approving agency, certain infrastructure provisions will be necessary for development of the island; therefore, coordination efforts were implemented Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 20f25 1 III.(!jVERl.AY DISTRICtrINF10RNtATi0~ ' , '. , ., ,,', , :.. '::,,' 2 Wisteria Island has no FLUM designation. The applicant initially requested a future land use 3 map amendment for Wisteria Island of Mixed Use Commercial (MC). Because the island is 4 adjacent to Sunset Key and the City of Key West, whose future land use categories and 5 existing development are similar to the requested future land use designation, Monroe County 6 staff, in coordination with the Department of Community Affairs worked with the applicant to 7 develop a corresponding sub-area policy, similar to an overlay district for the island. 8 9 The purpose of the proposed Sub Area Policy is to restrict the maximum development potential 10 of Wisteria Island, which would be allowed by the applicant's original request for a Mixed Use 11 Commercial (MC) FLUM designation, by creating policy language in the form of a 12 Comprehensive Plan Future Land Use Element text amendment. This Sub Area Policy will 13 guide the development of this spoil island, which contains limited environmentally sensitive 14 areas, by the enactment of area-specific regulations that allow development to occur subject to 15 limitations and conditions designed to protect existing natural resources. 16 17 These proposed Sub Area Goal, Objective and Policies identify parcels of land that require 18 narrowly-tailored regulation in order to limit development potential to an area or extent less 19 than the maximum density and intensity allowed by the future land use category requested by 20 the applicant. The recommended development parameters established for each Sub Area shall 21 be based either on an inventory of uses and facilities established on the parcel or by data and 22 analysis supporting the specific Sub Area limitations. 23 24 25 IV CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE 26 PLAN, THE FLORIDA ADINISTRATIVE CODE, AND PRINCIPLES FOR GUIDING 27 DEVELOPMENT 28 29 A. The proposed amendment is consistent with the Monroe County Year 2010 Comprehensive 30 Plan. Specifically, the amendment furthers: 31 32 1. Goal 101 of the Monroe County Year 2010 Comprehensive Plan considers the health 33 and safety of people and protection of natural resources. 34 35 2. Goal 105 of the Monroe County Year 2010 Comprehensive Plan recognizes the finite 36 capacity for land development while balancing development with the natural 37 environment and provides a framework for future development and land acquisition for 38 the next 20 years. 39 40 3. Goal 202 of the Monroe County Year 2010 Comprehensive Plan requires that the 41 environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, 42 bays, lakes and tidal streams,) and associated marine resources shall be maintained and, 43 where possible, enhanced. 44 45 4. Goal 203 of the Monroe County Year 2010 Comprehensive Plan promotes the 46 protection and enhancement of the health and integrity of living marine resources and 47 marine habitat, including mangroves, seagrasses, coral reefs and fisheries. 48 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 3of2S 1 5. Goal 204 of the Monroe County Year 2010 Comprehensive Plan protects and enhances 2 the health and integrity of Monroe County's marine and freshwater wetlands. 3 4 6. Goal 205 of the Monroe County Year 2010 Comprehensive Plan promotes the 5 protection and enhancement of the health and integrity of Monroe County's native 6 upland vegetation. 7 8 7. Goal 207 of the Monroe County 2010 Comprehensive Plan protects and conserves 9 existing wildlife and wildlife habitats. 10 11 8. Goal 212 requires Monroe County to prioritize shoreline land uses and establish criteria 12 for shoreline development in order to preserve and enhance coastal resources and to 13 ensure the continued economic viability of the County. 14 15 B. The proposed amendment is consistent with the Florida Administration Code (F.A.C.), 16 Chapter 9J-5. Specifically, the amendment furthers: 17 18 1. 9J-5.006(3)(b)4 F.A.C. ensures the protection of natural resources and historic 19 resources. 20 21 2. 9J-5.0012(3)(b)1 F.A.C. protects, conserve, or enhance remaining coastal wetlands, 22 living marine resources, coastal barriers, and wildlife habitat. 23 24 3. 9J-5.0013(2)(c)3 F.A.C. protects native vegetative communities from destruction by 25 development activities. 26 27 4. 9J-5.0013(2)(c)5 F.A.C. restricts activities known to adversely affect the survival of 28 endangered and threatened wildlife. 29 30 5. 9J-5.0013(2)(c)6 F.A.C. protects conservation of the natural functions of existing soils, 31 fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands including 32 estuarine marshes, freshwater beaches and shores, and marine habitats. 33 34 6. 9J-5.0013(3)(b) F.A.C. directs development away from wetlands by using land use 35 factors such as type, intensity or density, extent, distribution and location of allowable 36 land uses and the types, values, functions, sizes, conditions and locations of wetlands. 37 38 C. The amendment is Consistent with the Principles for Guiding Development in the Florida 39 Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7) 40 41 For the purposes of reviewing consistency of the adopted plan or any amendments 42 to that plan with the principles for guiding development and any amendments to the 43 principles, the principles shall be construed as a whole and no specific provision 44 shall be construed or applied in isolation from the other provisions. 45 (a). To strengthen local government capabilities for managing land use and 46 development so that local government is able to achieve these objectives 47 without the continuation of the area of critical state concern designation. Wisteria FLUM and Sub Area Policy Bacc: June 29, 2010 P. 4of25 1 (b). To protect shoreline and marine resources, including mangroves, coral reef 2 formations, seagrass beds, wetlands, fish and wildlife, and their habitat. 3 (c). To protect upland resources, tropical biological communities, freshwater 4 wetlands, native tropical vegetation (for example, hardwood hammocks and 5 pine lands ), dune ridges and beaches, wildlife, and their habitat. 6 (d). To ensure the maximum well-being of the Florida Keys and its citizens 7 through sound economic development. 8 (e). To limit the adverse impacts of development on the quality of water 9 throughout the Florida Keys. 10 (t). To enhance natural scenic resources, promote the aesthetic benefits of the 11 natural environment, and ensure that development is compatible with the 12 unique historic character of the Florida Keys. 13 (g). To protect the historical heritage of the Florida Keys. 14 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of 15 existing and proposed major public investments, including: 16 1. The Florida Keys Aqueduct and water supply facilities; 17 2. Sewage collection and disposal facilities; 18 3. Solid waste collection and disposal facilities; 19 4. Key West Naval Air Station and other military facilities; 20 5. Transportation facilities; 21 6. Federal parks, wildlife refuges, and marine sanctuaries; 22 7. State parks, recreation facilities, aquatic preserves, and other 23 publicly owned properties; 24 8. City electric service and the Florida Keys Electric Co-op; and 25 9. Other utilities, as appropriate. 26 (i). To limit the adverse impacts of public investments on the environmental 27 resources of the Florida Keys. 28 G). To make available adequate affordable housing for all sectors of the 29 population of the Florida Keys. 30 (k). To provide adequate alternatives for the protection of public safety and 31 welfare in the event of a natural or manmade disaster and for a post disaster 32 reconstruction plan. 33 (1). To protect the public health, safety, and welfare of the citizens of the Florida 34 Keys and maintain the Florida Keys as a unique Florida resource. 35 36 Pursuant to Chapter 380.0552(7) Florida Statutes, the proposed amendment is consistent with 37 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 38 39 V ANALYSIS OF PROPOSED REQUEST - DENSITIES AND INTENSITIES AND 40 COMPATABILITY WITH ADJACENT DEVELOPMENT 41 42 Wisteria Island currently has no future land use designation within Monroe County, nor was it 43 included on the initial Tier Maps adopted by Monroe County. Wisteria Island has a Land Use 44 District (zoning) designation of Offshore Island. Offshore Island permits 1 unit per 10 gross Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 50f25 1 acres. The acreage of the Island is 21.35 acres. Therefore, the current maximum number of 2 units permitted is 2. 3 4 A corresponding application has been submitted by the applicant for a Mixed Use Commercial 5 (MC) Future Land Use Map (FLUM) designation. After review of the applicant's initial 6 request, County staff recommended that the applicant request a Sub Area Policy similar to an 7 overlay district to provide alternative maximum densities and intensities consistent with the 8 adjacent island, known as Sunset Key, within the jurisdiction of Key West. The following 9 tables provide a comparison of densities and intensities approved for Sunset Key and proposed 10 for Wisteria Island under the Sub Area Policy. 11 12 COMPATIBILITY ANALYSIS: 13 Exhibit A is an aerial that illustrates the existing land uses within the surrounding area of 14 Wisteria Island, which includes Sunset Key and the Key West mainland. 15 16 Kev West Approval of Sunset Kev - Maximum Development Parameters 17 Land Area: 27 gross acres (1,176,120 square feet) 18 Total Floor Area Ratio (FAR) Maximum: 0.201 (or 236,947 square feet total) or if they 19 transfer in residential units from the mainland permitted development Floor Area Ratio 20 Maximum is: 0.21 (or 251,947 square feet total) 21 RestaurantlBar Commercial Floor Area Ratio (FAR) Maximum: .009 (NOTE: Outdoor 22 seating does not appear to constitute commercial square footage) 23 Residential Density: Between 4.01 - 4.52 units per acre 24 Residential (door) Keys: Between 1.48-2.44 keys per acre (NOTE: Key West did not 25 allocate transient units within their Code, consistent with Monroe County) 26 27 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 6of25 1 Use Max Square foot Max Square foot if Total Total Number # of transfered from Number of of Units moor- Mainland permitted Units Permitted if mgs Permitted transfer from Mainland permitted TOTAL 27 (1,176,120 sq. ft) 27 (1,176,120 sq. ft) 27 27 (1,176,120 Acreage/Sq. Ft. (1,176,120 sq. ft) of island sq. ft) General 10,000 sq.ft. (90 10,000 sq.ft. (90 Commercial indoor seats) (120 indoor seats)(120 (Restaurant/Bar) outdoor seats) outdoor seats) HotellTransient 56,000 sq.ft 56,000 sq. ft 40 units (40 40 units (66 Units keys) keys) Residential Units 170,947 sq. ft. 185,947 sq. ft. 70 units 82 units TOTAL Square 236,947 sq. ft. 251,947 sq. ft 11 0 units (40 122 units (66 footage/Units/ keys) keys) Keys FAR Max 0.201 0.21 (236,947/1,176,120) (251,947/1,176,120) Commercial FAR Max .009 Density Max 4.01 units 4.52 unit per per acre acre (2.44 (1.48 keys keys per acre) per acre) Moorings around 12 Sunset Key Additional Conditions: Parking for Island uses on mainland Undetermined, development agreement included other major comprehensive development within the City of Key West and was analyzed on an overall parking analysis Public Open Recreation Space with access to the public to include a sand beach at least 900 feet long and above mean high waterline, served by public restroom facilities (1) Fire and Police to review the site plans for Sunset Key Island and provide service provisions during site approval process. Wind loads of 155 miles per hour or greater, as certified by a qualified engineer shall be used as design minimums for 49 dwelling units (it was not clear which units there were to be) that were added under amendment 11 of the development agreement. Shoreline Setback for dwelling units on Sunset Key island to be 50' 2 Access to the Public means: general public is provided convenient access over and across privately owned 3 property subject to such reasonable rules and regulations as the owner of the property may impose governing 4 conduct, dress, noise, consumption of alcoholic beverages, hours that the property shall be open, vehicular traffic 5 and commercial activities; provided that such rules and regulations shall be applied and enforced without 6 discrimination on the basis of race, religion, color, creed or sexual preference. The Developer may charge a 7 reasonable fee for access to recreational areas on Sunset Key, as well as to exhibits and events. The property 8 owner may restrict or control access to hotel facilities that are customarily limited to guests and to residential 9 areas customarily reserved for residents. The Developer agrees that within the five (5) year term of the 10 Development Agreement, provision will be made to assure the permanence of the public access. 11 12 13 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 7of25 1 Wisteria Island Maximum Development Parameters 2 Land Area: 21.35 gross acres (930,006 square feet) 3 Total Floor Area Ratio (FAR) Maximum: 0.222 (or 176,000 square feet total) 4 Residential Density: 3.51 units per acre - Residential Keys: Between 3.98 keys per acre* 5 I .th. h' d . h M C *NOTE: Key West does not a locate transient UnIts WI In t elr Co e, consistent Wit onroe ounty Use Max Square foot Max Total Number . Total Number #of Square :. of Units of Units moorings foot if Permitted Permitted if transfer transfer Hem frQm ' Mainland Mainland permitted , permitted TOTAL Acreage/Sq. Ft. 21.3 5 gross acres NA 21.35 gross NA of island (930,006 square acres feet) (930,006 . square feet) General Commercial NA NA (Restaurant/Bar) 10,000 sq.ft (ShipStorelHarbormaster) 29,500 sq.ft Hotel/Transient Units NA. " . 35 (85 rooms) NA Residential Units NA 35 NA Affordable Housing Units NA 5 NA (workforce) TOTAL Square NA 75 (85 rooms) ~A footagelU nits/Keys : RestaurantlBar NA ,NA FAR Max .01 . , Total General (10,000/930,006) Commercial FAR Max .042 (39,500/930,006) , Density Max -NA 3.51 units per NA acre (3.98 rooms-keys . . . . per acre) . . , Moorings around Wisteria NA NA 100 Island Dock Spaces 55 Additional Conditions: . Parking for Island uses on mainland Undetermined - Boat Taxi service anticipated - Mainland facilities to be addressed in Major Conditional Use Public Open Recreation Space with access to the public to include 2 acre site, served by public restroom facilities with control by island owners (1) Fire Protection - Sprinklered buildings required due to difficulty in fire protection Hurricane Evacuation - units to be transferred to island from mainland, forever removing those units from inventory on mainland, resulting in no increase of hurricane evacuation clearance times. Police - TBD Wind loads of 155 miles per hour or greater, as certified by a qualified engineer shall be used as design minimums for 49 dwelling units (it was not clear which units there were to be) that were added under amendment 11 of the development agreement. Shoreline Setback for dwelling units to be determined through Major Conditional Use Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 8of25 1 Access to the Public means: general public is provided convenient access over and across privately owned 2 property subject to such reasonable rules and regulations as the owner of the property may impose governing 3 conduct, dress, noise, consumption of alcoholic beverages, hours that the property shall be open, traffic and 4 commercial activities. The Developer may charge a reasonable fee for access to recreational areas. The property 5 owner may restrict or control access to hotel facilities that are customarily limited to guests and to residential 6 areas customarily reserved for residents. Public access shall be assured through easement recorded in public 7 records. 8 9 DENSITYIINTENSITY ANALYSIS: 10 A comparison of the maximum densitylintensity permitted under the Mixed Use 11 Commercial (MC) Future Land Use Map (FLUM) designation compared to the maximum 12 densitylintensity permitted under the proposed Sub Area Policy is demonstrated in the 13 follow table. (MC density and intensity is cumulative, while the proposed Sub Area Policy 14 density and intensity is non-cumulative) 15 16 MC FLUM allows an allocated density up to 6 dwelling units per acre for market rate units 17 and a maximum net density of up to 18 dwelling units per buildable acre (total acres minus 18 20% open space requirement) for affordable housing. MU also allows a non residential 19 FAR of 0.45. Density and intensity for the Wisteria Sub-Area is calculated non- 20 cumulatively. Therefore, utilizing the total Wisteria Island upland area of 21.35 acres 21 (930,006 sq.ft.) and a buildable area of 17.08 acres, the MC FLUM would allow a 22 maximum of 128 market rate units, or 307 affordable units, or and 418,502 sq.ft. of non- 23 residential floor area. 24 MC MAXIMUMS MC With Sub Area Policy Difference between MC FLUM designation and MC with proposed Sub Area Policy 128 units (allocated) 70 (35 market rate/35 transient) - 58 units units 307 affordable units (Max Net) 5 affordable units - 302 affordable 418,502 sq. ft. (Max 39,500 sq.ft. (Max Commercial) - 379,002 sq.ft. Commercial) 25 26 VI MOORING FIEU'Q"~D REL~TED.FACILITIES ":i .:< ;. ,', '.. . '''', '; ",. , ,"; ...... \ 27 The waters surrounding Wisteria Island contain vessels and floating structures anchored 28 throughout the waters in a manner that may pose a threat to the health and viability of the water 29 quality and bay bottom. In 2002, Monroe County published Keys-Wide Mooring Field 30 System which indicated the area surrounding Wisteria Island was the "largest and most 31 problematic anchorage in the Keys and found that "this enormous anchorage ground is truly 32 out of hand. The area is in dire need of management and enforcement of regulations." 33 34 The applicant for this Sub Area Policy and corresponding Future Land Use Map Amendment 35 (FLUM) has proposed the construction of a 100.:!:: slip public access mooring field. The 36 mooring field would provide a benefit to the public and the environment. 37 38 The proposed Sub Area Policy for Wisteria Island requires: 39 40 1. A proposed 100.:!:: slip public access mooring field and a staff recommended 2 acre public 41 recreation space with associated upland development including: Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 90f25 1 a. Fixed and mobile vessel pump-out services. Such services shall be provided to 2 vessels' using the public access mooring field; 3 b. Docking facilities, to be approved by Planning Director, include: a water taxi dock, 4 a service vessel dock, a dinghy dock to accommodate a maximum of 100 dinghies, 5 and a maximum of 20 short term public slips for utilization of the mooring field and 6 upland development with no dry storage (pending agency approval and permitting) 7 and dockside utilities; 8 c. Harbor master building; 9 d. Shipslsundry store; 10 e. Potable water, wastewater, solid waste, and fire prevention and suppression system 11 necessary to service the uses permitted as of right, as well as those permitted by 12 minor conditional use and major conditional use; and 13 f. Water taxi service to Wisteria: Water taxi shall be available to be used to transport 14 fire suppression/emergency medical personnel and equipment to the island when 15 requested. 16 Staff recommends the public-access mooring field shall adhere to the following 17 requirements: 18 19 a. Thirty percent (30%) of the mooring slips shall be reserved for workforce housing 20 and the fees for the 30% mooring slips reserved for workforce housing shall not 21 exceed the monthly fees charged by the Key West Mooring Field or the Marathon 22 Boot Key Harbor Mooring Field. If workforce slips are not utilized, owner may 23 lease to market rate users on a monthly basis only so that the spaces are continually 24 available for the workforce if in demand; 25 b. Provide for the recreational boating public by reserving 10 percent of the mooring 26 slips to be set aside on a first come-first serve basis for short term mooring; 27 c. Have no minimum vessel size which might limit the use by small vessels; 28 d. Prohibit floating structures and storage vessels; and 29 e. Require all vessels to have a functioning marine sanitation device and holding tank 30 that meets current Florida Keys National Marine Sanctuary (FKNMS) federal 31 requirements for the No Discharge Zone. 32 f. The mooring field is to be constructed AND ISSUED a Certificate of Completeness 33 within the waters surrounding Wisteria Island PRIOR TO the construction of other 34 upland development including the items below. 35 2. Restaurant with accessory bar serving alcoholic beverages (.:::: 10,000 sq. ft. permitted by 36 Minor Conditional Use; > 10,000 sq. ft. permitted by Major Conditional Use) & Pool; 37 3. Other Upland Development to be permitted only through a Major Conditional Use 38 Approval including: 39 a. 35 Single-family 40 b. 5 Affordablelemployee residential dwellings 41 c. 35 Transient residential with the total number of bedrooms not to exceed 85 42 d. Commercial recreational uses to serve as support and amenities for a public access 43 mooring field in adjacent waters; 44 e. Accessory uses; Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 10of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 VII 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 f. Docking facilities, including a maximum of 35 private docks for the permanent housing units. This mooring field can only be developed as a result of a submerged land swap with the State of Florida. The proposed Sub Area Policy and associated MU FLUM designation will allow the development of upland uses that support the proposed public access mooring field. No approvals for upland development on Wisteria Island will be granted until the proposed mooring field is approved by the State of Florida and the mooring system is installed and issued a certificate of completeness. Upland residential uses can only be developed in a manner that results in no net increase of dwelling units that have been previously allocated within Monroe County. Therefore, Wisteria Island would not be eligible to participate in Monroe County's Rate of Growth Ordinance (ROGO) unit allocation system. Dwelling units must be transferred to Wisteria Island from a sender site located the Lower Keys Planning Sub Area through Monroe County's Transfer of Development Rights (TDR) and Transfer of ROGO Equivalents (TRE) regulations. Encouraging reductions in overall County density and the preservation of Monroe County's native habitat is accomplished by restricting Wisteria's allocated residential density to two (2) units, but requiring the owner to purchase and preserve 40.1 acres of land that contains non-scarified native habitat within unincorporated Monroe County (from Tier I, Tier II, or Tier IlIA), within any land use district. The land to be dedicated and preserved shall be inspected by a County biologist to assure it does not contain scarified land. The 40.1 acre land preservation may provide the TDRs necessary to move to Wisteria. Land that is preserved shall be dedicated to conservation through a mechanism contemplated by the Comprehensive Plan (Policy 101.13.2). The county prefers land to be preserved on Big Pine Key or No Name Key. ENVIRONME~'tAC ~NALYSIS' ';1 . ':. . ". ..,'.. ~:1',... The amendment for Wisteria Island was reviewed for consistency with relevant Monroe County Comprehensive Plan environmental goals, objectives and policies as well as conformity with related Land Development Codes. The following analysis is based on the information provided by the applicant and due to the absence of specific development plans is general in nature. Although the applicant asserts that there is no future land use designation for the subject parcel, Sec 101-2.(13) e. of the Land Development Code states" All keys or islands without a specific land use designation shall be considered zoned as off-shore islands whether they are labeled as (OS) OFF-SHORE ISLANDS, unlabeled, not shown on these maps, or lie beyond the areas covered by these maps". Therefore the following analysis is based on an OS land use (zoning) designation for the subject parcel. This is a land development code policy and is not a comprehensive plan policy. The Future Land Use Map does not include a Future Land Use designation for this island. Comprehensive Plan Policy 101.4.22 states in part that "All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use District (zoning) Overlay Tier Maps and the wetland requirements in Policy 102.1.1". Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P.llof25 1 Undeveloped offshore islands are Tier I in accordance with Policy 102.7.3, therefore 2 Wisteria Island would be a Tier I property. The wetland protection requirements of Policy 3 102.1.1 state in part that the open space requirement for mangroves undisturbed salt marsh 4 and buttonwood wetlands is 100%. While the applicant states that the buttonwood 5 community is disturbed "by definition" by virtue of being on a spoil island and accurately 6 quotes the Land Development Code definition of disturbance, the application provides no 7 information to determine if the on-site communities meet this definition of disturbed. 8 Regardless of the degree (or lack) of disturbance present, Objective 102.1 of the 9 Comprehensive Plan, requires new development to comply with environmental standards 10 and environmental design criteria which will protect disturbed wetlands, native upland 11 vegetation and beachlberm areas. This objective is supported by the previously discussed 12 Policy 102.1.1. In addition, Policy 102.2.1 requires no net loss of disturbed wetlands, 13 requiring on-site mitigation or off-site mitigation through contribution to the environmental 14 restoration fund. 15 16 While the application does not specify any proposed development plans, it should be 17 noted that Policy 102.7.2 is intended to further restrict the activities permitted on 18 offshore islands, if applicable to the island as defined within the policy. 19 20 Policy 102.7.2 states: 21 These shall include the following: 22 1. Development shall be prohibited on offshore islands (including spoil islands) which have 23 been documented as an established bird rookery or nesting area (See Conservation and 24 Coastal Management Policy 207.1.3.); 25 2. Campgrounds and marinas shall not be permitted on offshore islands; 26 3. New mining pits shall be prohibited on offshore islands; 27 4. Permitted uses by-right on islands (which are not bird rookeries) shall include detached 28 residential dwellings, camping (for the personal use of the owner of the property on a 29 temporary basis), beekeeping, accessory uses, and home occupations (subject to a special 30 use permit requiring a public hearing); 31 5. Temporary primitive camping by the owner, in which no land clearing or other alteration of 32 the island occurs, shall be the only use of an offshore island which may occur without 33 necessity of a permit; 34 6. The use of any motorized vehicles including, but not limited to, trucks, carts, buses, 35 motorcycles, all-terrain vehicles and golf carts shall be prohibited on existing undeveloped 36 offshore islands; 37 7. Planting with native vegetation shall be encouraged whenever possible on spoil islands; 38 and 39 8. Public facilities and services shall not be extended to offshore islands. 40 41 In accordance with the above discussed Comprehensive Plan policies, the Land Development 42 Code contains the following regulations specific to offshore (OS) islands. 43 44 45 Sec. 130-40. Purpose of the offshore island district (OS). 46 The purpose of the OS district is to establish areas that are not connected to U.S. 1 as protected 47 areas, while permitting low-intensity residential uses and campground spaces in upland areas 48 that can be served by cisterns, generators and other self-contained facilities. 49 Wisteria FLUM and Sub Area Policy BaCC: June 29, 2010 P. 120f25 1 Sec. 130-90. Offshore island district (OS). 2 (a) The following uses are permitted as of right in the offshore island district: 3 (1) Detached residential dwellings; 4 (2) Camping, for the personal use of the owner of the property on a temporary basis; 5 O)Brekre~ng; 6 (4) Accessory uses; 7 (5) Home occupations--Special use permit required; 8 (6) Tourist housing uses that were established (and held valid state public lodging 9 establishment licenses) prior to January 1, 1996. Vacation rental use, of a dwelling 10 unit in existence as of January 1, 2000, if a special vacation rental permit is 11 obtained under the regulations established in section 134-1; 12 (7) Collocations on existing antenna-supporting structures, pursuant to section 146- 13 5(3); and 14 (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant 15 to section 146-5(6). 16 17 (b) The following is permitted as a minor conditional use in the offshore island district (OS), 18 subject to the standards and procedures set forth in chapter 110, article III: satellite earth 19 stations greater than or equal to two meters in diameter, as accessory uses, pursuant to 20 section 146-5(6). 21 22 STAFF ENVIRONMENTAL ANALYSIS 23 The applicant submitted an environmental analysis with the application which describes the 24 existing habitats on Wisteria Island (Exhibit B). Staff conducted a site review with the 25 applicant's representatives on April 28, 2010. The existing habitat on Wisteria Island is 26 consistent with the applicant submitted information and is dominated by disturbed upland 27 communities (20.04 acres). Disturbed wetland communities constitute 1.31 acres if the site. 28 29 When reviewing the policy language of 102.7.2 the restrictions to development on offshore 30 islands are specific to development being prohibited on offshore islands (including spoil 31 islands) which have been documented as an established bird rookery or nesting area. To 32 date, no bird rookery or nesting area has been documented on Wisteria Island. 33 Furthermore, while the Comprehensive Plan indicates offshore islands should be 34 designated Tier I, this island was not included in the adoption of the Tier Maps and through 35 the development of the policy language related to the Tier System, the Sub Area Policy 36 currently recommends the island remain tierless and be ineligible to compete in the 37 Residential Rate of Growth Ordinance. The Island does not include habitat communities 38 that are consistent with Tier I or Tier IlIA criteria and therefore, is currently being 39 recommended to remain tierless. 40 41 42 VIII IMPACT ONRUiBlJIC FACILTIESANlfSERVICES (CONCURRENCY) '.,,'i ,.' ~;'.~'>, 43 Policy 1401.4.1 requires Monroe County to adopt Level of Service standards for the 44 following public facility types: road, sanitary sewer, solid waste, drainage, potable water, 45 and parks and recreation. The LOS standards are established in the following sections of 46 the Comprehensive Plan: Traffic Circulation, Policy 301.1.1; Potable Water, 701.1.1; Solid 47 Waste, Policy 801.1.1; Sanitary Sewer, Policy 901.1.1; Drainage, Policy 1001.1.1; and 48 Recreation and Open Space, Policy 1201.1.1. The following is a concurrency review for 49 the proposed Sub Area Policy. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 13 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Traffic Circulation - Policy 301.1.1 "For all County roads, Monroe County hereby adopts a minimum peak hour level of service (LOS) standard of D, based on the Florida Department of Transportation (FDOT) methodology for determination of LOS, as measured by peak hour traffic volume. The County shall maintain the level of service on County roads within five percent (5%) of LOS D. [9J-5.007(3)(c)}" Trip generation estimates are based on the closest categories to Mooring Field and categories matching the maximum. The ITE numbers were weighted to more closely represent the nearly closed system Wisteria Island represents. Total trips to and from Wisteria Island will increase by approximately 304 multi-modal trips per day if/when the maximum development potential is realized. The weighting system used reflects the occupancy approach itemized in the table below and internal trips using available knowledge and experience from the adjacent Sunset Key. 2. Mooring Field The proposed mooring field will not increase transportation impacts. The mooring impacts already exist and therefore should be included in both the County's and the City's public facilities capacity assessment reports. As part of the Florida Fish and Wildlife Conservation Commission Pilot Mooring Field Program, the property owner has begun monthly surveys of the moored vessels around Wisteria. Data for the March 2010 survey1 has been fully processed and reveals there are 106 vessels currently moored, 65 of which are liveaboards. Formalizing and controlling the mooring of vessels around Wisteria Island should not create additional transportation impacts that have not already been included in the level of service calculations of both Monroe County and The City of Key West. Residential! Transient: Proposed dwelling units would be located on Wisteria Island, so all trips to and from the Island will be accommodated within multi-modal context, with the majority of trips likely to occur within the existing water taxi service currently operated by the managers of Sunset Key. The Sub-Area Policy requires residential and transient units to be transferred to Wisteria from other locations. Therefore, given that no new units will be created, no increase in overall trip generation will result County-wide; notwithstanding, there will be a relocation of trips from the current or previous location of the units to Wisteria Island. As previously mentioned the trips associated with the units, which were previously, presumably, primarily land based trips will become multi-model trips spread across land and water with a variety of origination and departure points. 3. Non Residential: lThe applicant provided the March survey data sheet "Survey of Vessel Type Currently in the Area of Proposed Mooring' for Wisteria Island that they are collecting as part of the Pilot Mooring Field program requirements. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 14of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 The potential trip generating non-residential floor area is an allowance for a bar and restaurant. All access to the island will be by private boat or water taxi service. Parking for the private boaters is already accommodated and required dock-side in -both the County and the City of Key West and therefore can be reasonably excluded from the land-based trip impacts. 4. Parking Parking for Wisteria Island is expected to be accommodated within a parking structure at the Westin Marina. According to the applicant, this structure has excess capacity of approximately !1 00 spaces that can be associated with Wisteria. The County's Development Review process requires traffic and parking studies is performed by licensed traffic engineers and reviewed and approved by the County's own traffic consultant at the time of development review. Any proposed development must meet the minimum parking requirements as determined by the LDRs and approved by the County. If the parking for Wisteria is accommodated within the City of Key West, all proper approvals (including any necessary City approvals) will be required at the time of development review. Population based on Occupancy Rates !~~ ~. 1~4"'~? Use No. of Units People! Unit Occupancy Totar(~F;: ' "' '"".. ; rate populag(jn""i: r:~' SF 35.0 2.4"' 0.7J 58.8 Transient 35.0 2.6'1 0.8) 72.8 Affordable 5.0 2.40 1.0' 12.0 Moorings +100 1.5lS 0.3~ 45.0 Population Total 188.6 Population - Maximum Occupancy Use No. of Units People! UnitlO Occupancy Total rate population SF 35.0 2.4 1.0 84.0 Transient 35.0 2.6 1.0 91.0 Affordable 5.0 2.4 1.0 12.0 Moorings +100 1.5 1.0 150.0 Population Total 337.0 2 Average owner-occupied household size in Key West, according to US Census - per applicant 3 Occupancy in Key West per US Census data - per applicant 4 Transient Occupancy in Key West per Mo. Co. TDC data - per applicant 5 According to the applicant, average occupancies of transient units at Sunset Key is approximately 1.25 people per bedroom room 6 Average owner-occupied household size in Key West, according to US Census - per applicant 7 Applicant assumes employee housing occupancy at 100% 8 Assumes 1.5 people per mooring (note: Live-aboards are not permitted on State Lands) - per applicant 9 Based on average mooring ball occupancy rates provided by the Harbor Masters of the City Marina at Garrison Bight and Boot Key Harbor Marina - per applicant 10 Assumptions are the same as "Population Based on Occupancy" table above Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 15 of25 ~Non-Residential . ','fIt :;.1";' i.:. "('';' .~:.\\' -:'~'"~"'. Quality Restaurant Restaurant (ITE 4,000.0 Class No. 931) Drinking Place Bar (ITE Class No. 1,600.0 936) 1 Trip Generation Residential Single Family Transient Employee Housing Harbor Master (acres) 2 3 4 5 ITE # Land Use Classification Total Weighted Vehicle Trips per Day Amount Trip Rate Residential Planned Unit Development (ITE Class No. 270) All Suites Hotel (ITE Class No. 311) Apartment (ITE Class No. 220) 35.0 7.5 55.111 35.0 6.2 45.512 6.7 16.813 5.0 Residential Total 117.4 '," \ r! ~, . .:". :' ~. .~;~. r,"' :~;t:~:. ~ 90.0 179.914 11.3 4.515 Marina (ITE Class No. 420) 20.9 2.09 0.1 Non Residential Total Total Residential & Non-Residential Trips16 186.5 303.9 11 According to applicant experience at Sunset Key, less than 30% of the residents have a vehicle in Key West 12 According to the applicant, experience at Sunset Key demonstrates less than 30% of the guests come to the resort with a vehicle 13 ITE studies are based on a mainland suburban environment. Given the closed system aspect of Wisteria, applicant anticipates off-island trips to be reduced by approximately 50%. 14 Applicant cites experience at Sunset Key where approximately 50% of the restaurant trips are internal (i.e. guests of the resort and residents of the island constitute approximately 50% of the clientele of the restaurant and do not generate off-island trips 15 Applicant cites experience at Sunset Key where approxirnately 75% of the bar trips are internal (i.e. guests of the resort and residents of the island constitute approximately 75% of the clientele of the bar and do not generate off- island trips 16 Trips, per industry standards, constitute all trips whether they are by foot, bike, dinghy, private boat, water taxi, automobile, bus, etc. Therefore it is important to consider that the total number of trips can be reasonable expected to be multi-modal (i.e. spread among various types of transportation modes and various points of departure and arrival) Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 160f25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 It should be noted that the Sub Area policy includes a provision that would require the applicant/owner to obtain any and all necessary approvals for any physical facilities that are to be constructed within the jurisdiction of the City of Key West prior to any minor or Coordination with Key West staffhas been initiated to include a Key West Development Review Committee (DRC) review of the proposed Sub Area Policy language. 2. Potable Water - Policy 701.1.1 "Sufficient potable water from an approved and permitted source shall be available to satisfy the projected water needs of the proposed development or use. Approved and permitted sources shall include cisterns, wells, FKAA distribution systems, individual water condensation systems, and any other system that complies with state standards for potable waterI7." Potable Water: Policy 701.1.1 of the County Comp Plan sets the level of service for residential potable water at 66.5 gallcapita/day and nonresidential at 0.35 gal/sq.ft./day. When calculating the potential potable water needs, the maximum occupancy was used. If Wisteria is at capacity for even one day sometime in the future, the potable water infrastructure should have the capacity to meet the maximum need. Total Potential Capacity Required: 17,934 gal/day i) Potential Capacity Required (residential): 22,410.5 gal The total capacity required for the residential use with 337 people is: 66.5 gal/capita/day x 337 people = 22,410.5 gallday ii) Potential Capacity Required (non-residential): 11,882.5 gal The total capacity required for the nonresidential use on 33,950 sq. ft. is: 0.35 gal/sq. ft./day x 33,950 sq. ft. = 11,882.5 gallday The proposed map designation potentially results in a daily potable water usage of 34,293 gal/day. Connection to the FKAA potable water system should be made. As demonstrated below, the FKAA system has available capacity to accommodate the predicted level of service that could result from the map designation. Any transmission capacity upgrades necessary to serve potential development should be addressed during the development approval process as required by the County's Comprehensive Plan and Land Development Regulations. In addition, a policy has been included in the Sub Area policy that all necessary infrastructure costs will be fully paid for by the ownerlapplicant. The Florida Keys Aqueduct Authority has the capacity to supply adequate service to this property as a result of a revised water use permit and the reverse osmosis ( R.O.) expansion at the Florida City plant. 17 Monroe County Code of Ordinances, Sec. 114-2(a)(3) Wisteria FLUM and Sub Area Policy BaCC: June 29, 2010 P. 17 of25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 FKAA has obtained all necessary permits and is in the process of constructing facilities on the mainland in Florida City to expand water supply for the Florida Keys. This permitted and under construction improvement will enable FKAA to provide over 23 MGD by July 2010, which will provide sufficient capacity through 2022]8. Once operational in 2010, a permitted expansion of the R.O. plant will provide 6.0 MGD, which combined with the 17.0 MGD permitted withdrawal from the Biscayne Aquifer, will increase available water supply to 23 MGD for the Florida Keys. Expanded Florida City R.o. Plant. The Department of Health issued Permit # 150092- 007-wc/04 (Exhibit I) on November 14, 2006 to allow for the construction of an expanded reverse osmosis (RO.) water plant in Florida City. The expanded water plant will be designed to treat blended Floridan Aquifer water as an alternative water source to the Biscayne Aquifer. The permit design capacity of the expanded R.O. plant is 6 MGD. Revised Water Use Permit. The SFWMD issued revised Water Use Permit (WUP) #13- 00005- W (Exhibit II) on March 26, 2008, which recognizes the additional blended Floridan Aquifer capacity that will be provided by the expanded R.O. plant. Interim Water Use Allocations in the WUP permit provide FKAA with an allocation of 17.00 MGD (dry season) and 17.79 MGD (wet season) which may be withdrawn from the Biscayne Aquifer and allows FKAA to utilize the Stock Island and Marathon Reverse Osmosis plants for any demands exceeding the interim withdrawal limit, pending completion of the RO. plant in Florida City. The Stock Island and Marathon RO. plants have a combined capacity of 3.0 MGD providing an interim WUP water supply of20.0 MGD during the dry season if needed. Once operational in 2010, the R.O. plant will provide an additional 6.0 MGD, which when combined with the 17.0 MGD permitted withdrawal from the Biscayne Aquifer, will increase available water supply to 23 MGD for the Florida Keys. The interim allocation of 20 MGD (7300 MG/year) through 2010 and 23 MGD after 2010 provides ample water supply to support the adopted amendment and allocated growth well beyond 10 years. The "Monroe County 2007 Annual Public Facilities Report" documents historic water use in the Florida Keys. Water demand has fluctuated significantly on an annual basis, however when evaluated over a ten-year period, the data shows an increase in water demand of more than 1 billion gallons over the last 10 years with an annual average increase of approximately 104 MG/year. This increase in demand can be shown in the following calculation: 1996 annual water demand = 5,272 MGlyear 2006 annual water demand = 6,310 MG/year Average Annual Increase = (6,310 MG- 5,272 MGI 10 = 103.8 MGlyear Based on the average annual increase of 103.8 MG per year, the interim allocation would be sufficient for an additional 9.5 years of growth beyond 2006 or through 2015 until demand reaches the interim permitted withdrawal of 20 MGD (7,300 MG/year). Upon completion of the Florida City facilities, the 23 MGD allocation would be 18 Excerpt from Analysis by Kenneth B. Metcalf, AICP, (Greenberg Traurig, P.A.) August 22,2008. Wisteria FLUM and Sub Area Policy BOCC: June 29, 20]0 P. ]80f25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 available to support yet another 9.5 years of growth. Based on these findings, sufficient permitted water supply is available to meet the needs of the Florida Keys through 2024. Improvements Schedule/Status. Condition 30 of the WUP provides the following time schedule for construction of the RO. plant and the associated Floridian deep wells that will provide 23 MGD of capacity through 2024: · DEP Underground Injection and Control permit was obtained on May 21,2008. · Construction contracts were required within 180 days or by November 21, 2008; · Testing is required within one year and 30 days from issuance of the permit or by June 21, 2009. · The RO. plant construction is scheduled for completion by December 31, 2009 and the RO. plant will be operational no later than 2 years and 60 days from the issuance of the DEP permit or by July 21, 2010. Solid Waste - Policy 801.1 "Monroe County shall ensure that solid waste collection service and disposal capacity is available to serve development at the adopted level of service standards, concurrent with the impacts of such development. [9J-5. 011 (2) (b)2J " Policy 801.1.1 sets the level of service for residential solid waste disposal at 5.44 lb/capita/day. Solid waste will be collected manually on Wisteria, and will be removed via existing licensed waste haulers. The normal levels of solid waste generation and handling will be at levels predicted by functional occupancy rates, not maximum capacity. On those exceptional days where occupancy is higher than normal, the waste hauler is extremely experienced and responds accordingly. The occupancy levels were predicted using i) Potential Capacity Required (based on weighted occupancy): 1,023 Ibs/day The total capacity required for the residential use of 188 people is: 5.44lbs/capita/day x 188 people = 1,023 lbs/day The proposed amendment potentially results in an occupancy-based daily solid waste capacity need of 1,023 lbs/day. According to the Monroe County Public Facilities Capacity Report for 2009, Waste Management (WM) has more than enough capacity to handle this increase. ii) Potential Capacity Required (based on maximum occupancy): 1,833 lbslday The total capacity required for the residential use of 337 people is: 5.44lbs/capita/day x 337 people = 1,830 lbslday The proposed map designation potentially results in an occupancy-based daily solid waste capacity need of 1,833 lbs/day. According to the Monroe County Public Wisteria FLUM and Sub Area Policy Hacc: June 29, 2010 P. 19 of2S 1 Facilities Capacity Report for 2009, Waste Management has more than enough capacity 2 to handle this increase. 3 4 Handling Procedure: 5 According to the applicant, solid waste handling will mirror that of Sunset Key. Sunset 6 contracts with WM for a single compactor for household and restaurant waste, a roll-off 7 dumpster for yard waste, and a recycling container. Once per week, or as needed, a 8 WM truck is ferried to the island where it deposits an empty compactor and roll-off 9 dumpster. The truck retrieves the full units and is ferried back across the harbor. The 10 truck hauls the trash to Rockland Key, where it is transferred and hauled to the 11 Mainland. 12 13 It should be noted that the Sub Area Policy includes a provision that would require the 14 applicant/owner to obtain any and all necessary approvals for any physical facilities 15 that are to be constructed within the City of Key West limits prior to any minor or 16 major conditional use approvals and therefore if the applicant/owner proposes facilities 17 that impact City of Key West infrastructure, they should address the impacts through 18 the Key West development review process. 19 Coordination with Key West staff has been initiated to include a Key West 20 Development Review Committee review of the proposed Sub Area Policy language. 21 22 4. Sanitary Sewer - Policy 901.1.1 23 Policy 901.1.1 24 Monroe County shall ensure that at a the .;2. time a development permit is issued, 25 adequate sanitary wastewater treatment and disposal facilities are available to support 26 the development at the adopted level of service standards. concurrent with the impacts 27 of such development. [9J-5.011(2)(c)2] 28 29 Permanent Level of Service Standards: 30 31 The permanent level of service standards for wastewater treatment in Monroe 32 County are as provided in House Bill 1993 adopted by the 1999 Legislature. 33 34 Notwithstanding the existing County Code and State Statutes regarding sanitary 35 sewer LOS, Monroe County has been working to develop a wastewater LOS. 36 Monroe County is designing and constructing sanitary sewer facilities in order to 37 comply with Chapter 99-395 of the Laws of Florida which require construction of 38 Advanced Wastewater Treatment systems by July 1, 2010. The proposed service 39 areas for central sewer are based on the results of the Sanitary Wastewater Master 40 Plan that was completed in June 2000. 41 42 Given that the County is working with the Florida Department of Community 43 Affairs to develop an acceptable sanitary sewer LOS, we can apply the proposed 44 LOS of 145 gallons per capita per day to determine potential capacity requirements 45 of the zoning map designation. 46 47 Total Potential Capacity Required: 54,665 gaVday 48 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 200f25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 i) Potential Capacity Required (residential): 48,865 gal The total capacity required for the residential use with 337 people is: 145 gal x 337 peoplelday = 48,865 gallday ii) Potential Capacity Required (non-residential): 5,800 gal The total capacity required for the nonresidential use with 40 employees is: 145 gal x 40 people Iday = 5,800 gallday The proposed map designation potentially results in a daily sanitary sewer capacity of 54,665 gal/day. The Richard A. Heyman Environmental Protection Facility advanced waste water treatment plant has the available capacity to accommodate the potential capacity resulting from the proposed zoning map designation. The current wastewater treatment plant has the potential treatment capacity of 10 million gallons per day. Only 4.8 million gallons per day of capacity are currently utilized. The current plant has the capacity to supply service to this project's needs. 5. Drainage -1001.1 Monroe County shall ensure that at the time a development permit is issued, adequate storm water management facilities are available to support the development at the adopted level of service standards concurrent with the impacts of such development. [9J-5. 011 (2) (b) 1] Water Quality Level of Service Standards - Minimum Water Quality: All projects shall be designed so that the discharges will meet Florida State Water Quality Standards as set forth in Chapters 17-25 and 17-302, F.A.C, incorporated herein by reference. In addition, all projects shall include an additional 50% of the water quality treatment specified below, which shall be calculated by multiplying the volumes obtained in Section (a) by a factor of 1.5, RetentionlDetention Criteria (SFWMD Water Quality Criteria 3.2.2.2): a) Retention and/or detention in the overall system, including swales, lakes, canals, greenways, etc., shall be provided for one of the three following criteria or equivalent combinations thereof: (1) Wet detention volume shall be provided for the first inch of runoff from the developed project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is greater. (2) Dry detention volume shall be provided equal to 75 percent of the above amount computed for wet detention. (3) Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention. Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 21 of2S 1 2 3 4 5 6 7 8 9 10 11 b) Infill residential development within improved residential areas or subdivisions existing prior to the adoption of this comprehensive plan must ensure that its post-development stormwater run-off will not contribute pollutants which will cause the runoff from the entire improved area or subdivision to degrade receiving water bodies and their water quality as stated above. c) New Development and Redevelopment projects which are exempt from the South Florida Water Management District permitting process shall also meet the requirements of Chapter 40-4 and 40E-40, F.A.C. 6. Recreation & Open Space - Policy 1201.1.1 12 13 14 15 16 17 18 19 20 21 22 Monroe County hereby adopts the following level of service standards to achieve Objective 1201.1. and shall use these standards as the basis for determining recreation land and facility capacity: Level of Service Standardsfor Neighborhood and Community Parks: 1) 0.82 acres per 1000 functional population of passive, resource-based neighborhood and community parks; and 2) 0.82 acres per 1000 functional population of activity-based neighborhood and community parks within each of the Upper Keys, Middle Keys, and Lower Keys subareas. [9J-5.014(3)(c)4] Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 P. 22of25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1 Recreational Level of Service Standards: . Activity .'0 'R~qultement.'. Acres Existing Complies Required Passive 0.82 acl 1000 59.24 ac 97.96 Yes Park eo Ie ac Active 0.82 acl 1000 72,243 59.24 ac 97.96 Yes Park eo Ie ac As demonstrated by the chart above, the County has more than enough additional recreational capacity beyond the adopted level of service for recreational activities potentially required as a result of the proposed zoning map designation. Even though level of service standards are not triggered by this development, the unique uses anticipated for the surrounding waters of the island and the fact that over 100+ vessels are expected to be moored adjacent to the upland of Wisteria Island, staff has recommended a 2 acre recreational open space be provided for the occupants of the mooring fields, as well as the general public. IX PUBLIC AND INTER60VERNMENTAL COl\fMENTS . . 11 '. ",,;'1-',: Exhibit F is a letter from the City of Key West which expresses concerns regarding water, sewer, solid waste, transportation, police and parking. County staff is currently coordinating with Key West staff to determine whether the Sub Area Policy is adequate to meet its needs relative to the infrastructure that will be needed to serve the island. Exhibit G is a concurrency analysis prepared by the Applicant that reviewed the proposal for consistency with the City of Key West level of service standards. Staff attended the Key West Development Review Committee (DRC) on May 27, 2010 to obtain Key West staff comments and to review the policy language to ensure coordination. Staff also conducted a public meeting at the Harvey Government Center on May 27, 2010 at 7 PM. Staff recommends the following changes to the previous Planning Commission backup based upon public input from the Planning Commission meeting of May 26th, together with the Key West DRC and public workshop meetings of May 27th: · Refined the policy to protect from other offshore islands being eligible for similar treatment by defining island attributes that make Wisteria unique. · Increased the land required for allocated density and specified an acreage requirement - not just a variable based on future land use map density and added an inspection requirement to assure land and habitat are not scarified. · Clarified the number of dinghy docks to be provided. · Moved 35 dock spaces from permitted by right to permitted through major conditional use with permanent housing. Wisteria FLUM and Sub Area Policy BOCC: June 29,2010 P. 23 of25 1 . Added a requirement that 30% of mooring slips be reserved for workforce housing and that 2 the rate charged be compatible to the fees charged by Key West or Marathon Boot Key 3 Harbor Mooring field. 4 . Added language to further assure that development shall not proceed without the mooring 5 field. 6 . Increased the minimum open space from 20% to 30%. 7 . Added storage vessels to be prohibited. 8 . Added a provision that exotic removal will occur within 3 years after certification of 9 occupancy for each phased area. 10 . Clarified that existing mangroves are to be preserved and the existing salt marsh area 11 impact is to be minimized or mitigated. 12 . Clarified the 2-acre open space for public access and included provisions that the 13 "Wisteria" ship be highlighted as an educational opportunity. 14 . Clarified that a fee may be charged for entrance to open space and that it be equal to Fort 15 Zachary. 16 . Refined policies related to Key West services or services to be provided by other providers 17 (FKAA or FKES). 18 . Required all infrastructure and services to be solidified and obtained prior to any permit 19 Issuance. 20 . Required a parking study to be reviewed by Key West with no deficiencies to be created by 21 this development. 22 . Clarified natural shoreline prohibitions (including no sand except above mean high water 23 line) to be added. 24 . Added provisions requested by Navy staff relative to charted depth of harbor to be 25 maintained and that any moored vessel and dinghies will not interfere with military harbor 26 activities. 27 . Added a provision that allows maximum development potential of the island to be 28 decreased commensurate with the percentage of mooring spaces the developer is successful 29 in obtaining through other permitting agencies. 30 31 32 Xli:eL.A>NNI:N6~(jJOMMISSI@~I;\~Q.0M)MENDATI0N; ';, .....'" :.:: .;'. ,l. .:' " :'.\ '-./~''; "" ::A :I( 33 On June 9, 2010, the Planning Commission voted to continue the Wisteria Island public hearing to 34 June 10, 2010 at 6 PM at the Harvey Government Center in Key West. Following staff and 35 applicant presentations, public input, and Board discussion, the Board voted on June 10, 2010 to 36 continue the public hearing to June 23, 2010 at 10 AM at the Marathon Government Center to 37 allow staff and the applicant the opportunity to resolve their differences regarding the allocation of 38 employee housing mooring balls and the establishment of a dedicated public open space. On June 39 23,2010, the Planning Commission voted 3-2 to recommend approval of the staff recommendation 40 to the Board of County Commissioners. 41 42 XI-STAF'F:1RE€0MNiENDAl':lON." / "'.f: .': .,." .'..... ',f',,: : ;,' i ' :.: - ':' ..:~~, ,'l..,;.,<'~:~'~, 43 Staff recommends approval of the proposed FLUM amendment from Undesignated to Mixed Use 44 Commercial, with an associated Sub Area Policy that limits the density and intensity for Wisteria 45 Island to 35 market rate units; 5 employee housing units; 35 transient uses with no more than 85 46 rooms; and' 39,500 square feet of non-residential uses, which include mooring field dependent 47 uses. No upland development will be allowed until the associated 100=t slip mooring field Wisteria FLUM and Sub Area Policy HOCC: June 29, 2010 P. 24 of25 1 received a Certificate of Completion. Staff also recommends that 30% of the mooring ball slips be 2 allocated for employee housing and that a 2-acre open space area be dedicate for public access. 3 4 XII EXHIBITS ;, .. ., '1" ,: -: :., . ':, 5 A. Memo that Describes the Proposal 6 B. FEB Application 7 C. FLUM Map 8 D. Map that identifies the FEB Corp property line, Depth in Feet, US Navy Restricted Areas 9 and Danger Zones, and the City of Key West Jurisdiction 10 E. Environmental Analysis 11 F. Letter from the City of Key West 12 G. Analysis of City of Key West Concurrency Requirements 13 H. Response to Planning Commission Comments 14 1. Letter from DCA dated June 16, 2010 15 J. Staff response to the DCA Letter 16 17 18 19 20 21 Wisteria FLUM and Sub Area Policy BOCC: June 29, 2010 p, 25of25 - , .-.sN~~ . :l!..' II i'" . 1 . .1 :11 '"'' J.t is ,i '. if ~." .l.~~ll!l! I ,~ ~ t .r:j]~i ~ 1lHIU III i i ~ Ajll I ] , /:it." <I J of ':\~,.J,~ '.s 1 I i(yw\:ot!' ,:: _ ::i' ?l". r 1'1' ':r I ;,l- ENVIRONMENTAL ASSESSMENT WISTERIA ISLAND, MONROE COUNTY, FLORIDA Prepared by Terramar Environmental Services, Inc. 1241 Crane Boulevard SugarloafKey, Florida 33042 Phone 305.393.4200 Email: terramar@bellsouth.net June 2010 Table of Contents Introduction....................... ...................... .......... .... ..... ........ ......................... ............ 1 Results................... ......................................................................................... ......... 3 Habitat Types .... ...................................... ........ ............................ .............. .............. 3 Threatened and Endangered Plants and Animals.................................................... 5 Environmental Impacts........................... ........................ .......................... .............. 7 Impacts to Disturbed Wetlands ............................................................................... 7 Stormwater, Contaminants and Invasive Exotic Vegetation .................................. 7 Threatened and Endangered Plants and Animals.................................................... 8 Figure 1. Habitat Types on Wisteria Island ........................................................... 9 Reference Photographs................................................ ...... ................................... 11 Wisteria Island Environmental Assessment Page I Introduction Wisteria Island is a man-made spoil island located adjacent to Key West. The island is approximately 21 acres in area and also includes adjacent bay bottom ownership. The habitats on the island are disturbed as the entire island is man- made, having been created from dredge spoil from Key West Harbor. The purpose of this report is to provide a biological evaluation of the island in order to determine the types and extent of habitats present, with particular emphasis on the identification and delineation of habitat types regulated by local, state and federal agencies. Methods Several site visits have been made to the island between 2006 and 2010, for the purpose of evaluating the biological attributes of the island, most recently on May 27, 2010. The entire property was evaluated by walking a series of transects that traverse the island. Recent high-resolution aerial photographs were used to delineate the habitats and environmental conditions on the island. All wetland habitats were flagged for inclusion into the boundary and habitat survey completed by A virom and Associates, Inc. Habitats were defined by the presence of appropriate vegetation, and habitats were defined within the context of the Monroe County Comprehensive Plan and Florida Land Use, Cover and Forms Classification System (FLUCCS) (Table 1). Wisteria Is/and Environmental Assessment Page 2 Table 1. Habitat definitions appropriate for the Florida Keys based on the definitions from the Monroe County Comprehensive Plan and Florida Land Use, Cover and Forms Classification System (FLUCCS). Habitat Type FLUCCS Code Tropical Hardwood Hammock 426 Slash Pineland 411 Freshwater Wetlands 641 Salt marsh and Buttonwood Association 640 Scrub Mangrove 620 Fringing Mangrove 612 Beach (with Associated Berm) 710 Open Water 500 Disturbed 740 Disturbed with Hammock 740.1 Disturbed with Mangrove 740.2 Disturbed with Salt marsh 740.3 Disturbed with Beach/Berm 740.4 Disturbed with Exotics 740.5 Disturbed with Slash Pine 740.6 Man-made Water Body 742 Wisteria Island Environmental Assessment Page 3 Results Habitat Types Wisteria Island is a man-made spoil island that is approximately 21.35 ac in total area above mean high water. An additional 125 ac of deeded submerged lands lies adjacent to the island. A total of four habitat types occur on Wisteria Island: disturbed uplands with exotic vegetation present (740.5); disturbed salt marsh buttonwood wetlands (740.3); disturbed mangrove communities (740.2); and, the shoreline interface (Table 2, Figure I). Table 2. Habitat types on Wisteria Island exclusive of submerged lands. Habitat types were delineated based on field reconnaissance, and habitat areas were calculated using ARCGIS mapping software. Habitat Type Approximate Comments Acres Occurs on higher elevations over most of Disturbed Uplands 18.59 the island, invasive exotic vegetation predominates, scattered native vegetation in understory Disturbed Salt Marsh 1.32 Occurs on three locations on the island, Buttonwood Wetlands (large) non-tidal Disturbed Mangrove Wetland 1.44 One location on western side of island, tidally influenced Appx. 4,000 linear feet of shoreline Shoreline (altered) - consisting of loose Iimerock and fine sediments Total Area 21.35 Disturbed lands may be defined as "lands that manifest signs of environmental disturbance which have had an observable effect on the structure and function of Wisteria Island Environmental Assessment Page 4 the natural community which existed on the site prior to the disturbance" (Monroe County Comprehensive Plan, Volume II, Section 9.5-4, D-14). Using this definition, all habitats on Wisteria Island are functionally disturbed, although a further categorization of disturbed habitat types is appropriate based on the predominance of vegetative cover. Disturbed uplands were the predominant habitat on the island, over the majority of the island (Table 2, Figure I). The vegetation on these disturbed uplands was mainly invasive exotic pest plants, with Australian pine (Casuarina spp.) being the most common species. Seaside mahoe (Thespesia populnea), Brazilian pepper (Schinus terebinthifolius) and bowstring hemp (Sansevieria hyacinthoides) were also common invasive exotic plants on upland areas. Native plants are also present throughout the upland portion of the island although they constitute a minor vegetative component relative to the exotic vegetation. Native plant species on the island include seagrape (Coccoloba uvifera), buttonwood (Conocarpus erectus), bay cedar (Suriana maritima), joewood (Jacquinina keyensis), and black torch (Erithalisjruticosa). Disturbed salt marsh wetlands occurred at lower elevations and occurred along the perimeter of the island, mostly towards the eastern side of the island (Table 2, Figure 3). Vegetation in the salt marsh community included buttonwood in the overstory with an understory of herbaceous wetland plants including sea oxeye daisy (Borrichis jrutescens), saltwort (Batis maritima) and glasswort (Salicornia spp.) and sea purslane (Sesuvium portulacastrum). Sea lavender (Argusia gnaphalodes) was present on the island in some of the shoreline areas, but was generally uncommon. The mangrove wetlands were found in one large area on the western side of the island (Table 2, Figure 3). This area of mangroves is subject to regular tidal inundation over the southern portion, and is vegetated primarily with red mangroves Wisteria Island Environmental Assessment Page 5 (Rhizophora mangle). At higher elevations, scattered black (Avicennia germinans) and white (Laguncularia racemosa) mangroves are present. The shoreline of Wisteria Island is approximately 4,000 linear feet, and consists of loosely aggregated limerock and fine sediments that form a narrow artificial beach over most of the perimeter. The vegetation along the shoreline is a mixture of invasive exotic and native vegetation. The transition from the shoreline to the adjacent upland vegetation is abrupt over most of the island with the exception of the low, flat beach area on the eastern portion of the island. Erosion from wave action and past storms is evident over extensive portions of the shoreline. Threatened and Endangered Plants and Animals Because the habitats are disturbed and the island is isolated from other natural areas, the potential for use of the island by state or federally protected animals is greatly reduced compared to more natural, intact ecosystems. Highly mobile species such as terrestrial wading and shore birds are able to access the site and utilize the island for foraging and resting. State-listed wading birds observed on the island during field surveys include the White Ibis, White-crowned pigeon, and Osprey. Breeding birds documented on the island are limited: only one active Osprey nest occurs on the island as on June 2010 (another partially-constructed but inactive nest is also present). During the June 2010 survey, breeding birds common throughout the Keys in natural areas such as the American Cardinal, Grey Catbird, Grey Kingbird, Red-Winged Blackbird and Prairie Warbler were not documented on Wisteria Island. Wading birds obser4vations include the White Ibis and Great Egret. Other wading bird species not observed on the island but likely occur as occasional visitors include the Great White Heron, Great Egret, Snowy Egret, Little Blue Heron, Tri- Wisteria Island Environmental Assessment Page 6 colored heron, Yellow and Black Crowned Night Herons, and Green-backed Heron. Many wading bird species nest communally in colonies known as rookeries, and no bird rookeries occur on Wisteria Island. Protected plants listed as threatened or endangered by the State of Florida are present on the property. Bay cedar was common in several areas on the island, and joewood, black torch and sea lavender are also present. Table 3. Stale-listed plant and animal species either observed or likely to occur on Wisteria Island. Common Name (Scientific Name) StatefFederal Status Notes PLANTS Bay cedar (Suriana maritime) E / none Common on periphery of island near shoreline and in wetlands Joewood (Jacquinina keyensis) E / none Uncommon Black torch (Erithalis jruticosa) T / none Common at higher elevations away from shoreline Sea lavender (Argusia gnaphalodes) E / none Uncommon along shoreline BIRDS Little Blue heron (Egretta caerulea) SSC Potential in mangrove wetlands and along shoreline Snowy Egret (Egretta thula) sse Potential in mangrove wetlands and along shoreline Tricolored Heron (Egretta tricolor) SSC Potential in mangrove wetlands and along shoreline White Ibis (Eudocimus albus) SSC Potential in mangrove wetlands and along shoreline White-crowned pigeon SSC Throughout island in all habitat types Osprey SSC Throughout island in all habitat types E = Endangered; T = Threatened; SSC = Species of Special Concern; RI = Regionally Important Wisteria Is/and Environmental Assessment Page 7 Environmental Impacts Impacts to Disturbed Wetlands Adverse impacts to the disturbed mangrove wetland system located on the southern portion of the island are not anticipated. This mangrove system is proposed for on- site preservation and enhancement. Enhancement of this on-site wetland preserve will occur by creating a 30' transitional buffer zone from the mangrove community to the adjacent development. This buffer zone will be vegetated with suitable salt- tolerant vegetation, resulting in an overall improvement of the wetland system through the treatment of stormwater and the elimination of invasive exotic vegetation. Impacts to disturbed salt marsh wetlands are anticipated as a result of the proposed development of Wisteria Island, however the extent of these impacts has yet to be determined. Impacts to disturbed wetlands will require an Environmental Resource Permit (ERP) from the South Florida Water Management District and also authorization from the U.S. Army Corps of Engineers. Obtaining these environmental permits will require significant planning and coordination, and will require appropriate compensatory mitigation to offset any adverse impacts associated with the proposed project. Thus, it is anticipated that the coordination resulting from the ERP process will adequately address any wetland impacts in the form of mitigation, and result in no adverse impacts to the environment. Stormwater, Contaminants and Invasive Exotic Vegetation Presently, stormwater is not being managed on Wisteria Island, and un-treated runoff from the island is directly entering adjacent Class III Outstanding Florida Waters and the Florida Keys National Marine Sanctuary. As part of the ERP process, a stormwater management plan will be developed for the island. This stormwater management plan will incorporate wetland and shoreline buffer areas, Wisteria Island Environmental Assessment Page 8 swales, and a variety of physical stormwater structures to prevent stormwater degradation of the adjacent nearshore waters. Presently Wisteria Island has a significant accumulation of solid waste and contaminated materials resulting from storms and human activity. A recent inspection of the island revealed a variety of environmental contaminants including large qualities of lead (batteries, boat keels), petroleum products (fuel and oil containers), and miscellaneous solid waste. As part of the ERP process, the entire island, including the mangrove wetlands and shoreline, will be cleaned of environmental contaminants and maintained free of debris in perpetuity. Wisteria Island is densely vegetated with invasive exotic vegetation including Australian pine, seaside mahoe, Brazilian pepper and bowstring hemp. The presence of this dense accumulation of invasive exotic vegetation is an environmental problem for the adjacent Key West National Wildlife Refuge, providing a persistent seed source for the continued re-establishment of invasive exotic plants on nearby islands, notably Woman Key, Boca Grand Key and the Marquesas Keys. As part of the development process, all invasive exotic vegetation on the island will be removed. In addition, the open space portions of the island, including all wetland preserves and shoreline buffers, will be maintained free of invasive exotic plants in perpetuity, as generally required by conditions of an ERP. Threatened and Endangered Plants and Animals As indicated previously, no adverse impacts to threatened or endangered animals are anticipated as a result of the development of Wisteria Island. The island is man- made and is vegetated mainly with invasive exotic vegetation. The most productive habitat area on the island is the mangrove wetland system at the southern end of the island, and this area will be preserved and managed in perpetuity. The single Wisteria Island Environmental Assessment Page 9 Osprey nest will be relocated under the authority of the Florida Fish and Wildlife Conservation Commission (FWC). Presently the nest is in a dead Australian pine that is leaning and will eventually fall. Relocation to a pole-mounted nest will result in a more secure nest site. Osprey nest relocation is a common management practice for the species and is generally successful. Several species of wading birds that are listed as a Species of Special Concern (SSC) by the State of Florida utilize the mangrove wetlands and shorelines of the island for occasional foraging. Species most likely to utilize the island include the White Ibis, Great White Heron, Snowy Egret, and Little Blue Heron. No nesting or roosting colonies of any of these birds are present on the island as the island is unsuitable for nesting. These wading bird species are capable of acclimating to human presence, and will continue to utilize the islands mangrove and shoreline habitats once the development is completed. Several plant species listed by the State of Florida are present on the island including bay cedar, joewood, black torch and sea lavender. Additional native plants afforded protection under the Monroe County Land Development Regulations include native trees over 4" DBH and any listed plant. It is likely that the development of the island will impact many individual protected plants as the topography and elevations over much of the island will require modification, but impacts to these protected plants will be required as part of the permitting process. Mitigation for impacts to protected plants can be accomplished by either transplanting or replacing any affected plants into the on-site landscape buffer areas, especially those located adjacent to the mangrove wetland preserve and the shoreline, or through payment into the Monroe County Environmental Restoration Fund. The specific details of the protected vegetation mitigation plan will be developed as planning for the development proceeds, and will comply with the appropriate sections of the Monroe County Land Development Regulations and Comprehensive Plan. Wisteria Is/and Environmental Assessment Page /0 Habhat Types 1!!ft5l1 Disturbed with Mangrove (740.2) C=:J Disturbed with San marsh (740.3) CJ Disturbed Exotic Vegetation (740) Figure 1. Habitat types on Wisteria Island as defined by the Monroe County Comprehensive Plan, Volume II, Section 9.5-4. Wisteria Island Environmental Assessment Page // Reference Photographs - Wisteria Island - May 27, 2010 , 0' ...;:~ "".- .,,~ ",_.,::-',,:~~~,---,.~, ". ~ . ~ '~,: :>:,~~~.-.;- ,.. . ).~,... ."0 ~-::-:n.._, '.~. ... .....1.: T" ~ . ...~,. -"~~~~i2 Photograph of the northern shoreline of the island looking west. Sunset Key can be seen in the distance. Photo date: May 27, 2010. Photograph of typical disturbed uplands showing an overstory of exotic Australian pine and an understory that includes native trees, shrubs and grasses. Photo date: May 27, 2010. Wisteria Island Environmental Assessment Page /2 Photograph of tidal mangrove wetlands growing along the south western shoreline. Photo date: May 27, 2010. Photograph of disturbed salt marsh wetlands showing herbaceous wetland plants in the understory and scattered buttonwood in the overstory. Photo date: May 27, 2010. _______________'_____----"ll~t ()ffl,,' ,f_{o'_ J.-l(J<.lt;l~~~~\ f'.,.!'---l:L]~'l-Il_:_l.:!:~'!J}()5! ~1)C)-,~~!0___,________, ____ _______________ May 18, 2010 VIA ELECTRONIC MAIL Christine Hurley, AICP Director, Growth Management Division Monroe County Marathon Government Center 2798 Overseas Hwy., Suite 410 Marathon, FL 33050 RE: Wisteria Island Comprehensive Plan Amendments Information for Development Review Committee Dear Ms. Hurley: Thank you for providing the City of Key West with additional information regarding the proposed Future Land Use Map and subarea policy amendment in response to our May 11, 2010, request. As you know, the city has placed this item on our May 27, 2010, Development Review Committee (DRC) meeting in furtherance of obtaining City of Key West technical review comments as part of intergovernmental coordination activities initiated by the county. In order for city staff to conduct their DRC review, information about the potential impacts of the project within our jurisdictional limits is necessary. While the Concurrency Analysis you provided last week is helpful, it reviews the project according to Monroe County level of service requirements. The City's level of service standards are different. Further, it would be helpful to have information on how infrastructure connections are anticipated to occur between the island and the city. Transmission is an important part of infrastructure evaluation and appears to be missing from the analysis. An assessment of potential impacts on fire, police (including the marine patrol unit), port and harbor facilities (including the Federal Harbor Project), and environmental resources would also be helpful. It appears that the ingress and egress to the island will occur from within City limits, and a description of proposed access as well as anticipated support facilities is requested. It appears that the applicant has approached impact analysis based on the proposed land use classification as opposed to what is currently allowed on the island. In addition, the applicant has approached the mooring field as an existing impact rather than as a proposed impact. Please note that while the applicant's position regarding the assessment of impacts may be acceptable to the county, it may not provide a complete basis for evaluation of impacts on the city. May 18, 2010 Page 2 While it may be appropriate to defer certain types of impact analysis to the site plan approval phase as suggested through the subarea policy approach, we believe that an assessment of the general impact issues at this stage is important to our understanding of whether there are impact concerns and whether city review can be deferred to the site plan stage. The May 27, 2010, DRC meeting will be one forum for discussion of issues, but we may not be able to offer complete assessment without the requested information. Please do not hesitate to call me with any questions or concerns. Sincerely, ~e~~ Planning Director Xc: Jim Scholl, City Manager Mark Finigan, Assistant City Manager David Fernandez, Assistant City Manager GEO File K\ Geo Projects\ Wisteria Island\akm-ch-051810.doc K(v to tlie Caribbean - ll'I-'erage }l'Llr(v temperature ;7 () Ftlfircn/ll'it. Special Concurrency Analysis Based on City of Key West Levels of Service Standards Wisteria Island, Monroe County Prepared by Trepanier & Associates, Inc. Revised May 25, 2010 EXECUTIVE SUMMARY This Concurrency Management Analysis was performed to understand the potential effects of the proposed map designation and text amendment of Wisteria on the City of Key West. The proposed designation is compatible with, yet significantly less intense than, the existing surrounding land uses. The property is unique in the respect that Wisteria does not have a Future Land Use Map designation. All areas of concurrency are addressed for potential impacts. Specific levels of service (LOS) issues have been analyzed. However, given its lack of current designation we are unable to run comparative analyses and instead employed a Hypothetical Maximum Impact Analysis. Calculations are weighted using a hypothetical maximum impact with functional occupancies and maximum occupancies (where appropriate) and then potential system capacities are estimated to determine concurrency. The following analysis demonstrates the urban services potentially needed as a result of the proposed FLUM designation and text amendment can be provided concurrent with any development. TABLE OF CONTENTS Data S heets_ _ _ _ _ _ 00 00 _ uu_ _ _ _ 0000 0000 00_ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ __ _ 00 _ _ _ 00 __ _ _ _ 00 _ _ _ 00 __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ 00 _ 00 00_ 00 _ _ _ _ _ _ _ _ 00 _ 00_ 00 00_ 00 _ _ _ _ _ 00 _ _ _ _ _ _ 00 _..3 Density/ Intensity__ _ _. __ __ __ ___ ___ 00_0000000000 __ _ _ _. _..... __ _ ___ 00 000000__ _00__ __ __ __ _000000000000_00000000 _ 00 _. _..... _00_00_000000000000000000_00.4 Uti I i ty Transm ission _ _ _ 00 00 _ _ _ 00 _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 00 00 _ _ 00 _ _ _ 00 _ _ _ 00 0000_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0000_ 00 00 _00_ 00_ _ _ _ _ 00_ 00 _ _ _ _00_ _ 00 __.5 Transmission Overview_ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ 00 00_ _ _ _ _ _ _ _ _ 00_ _ _ _ _ _ _ 00 00 00 _ _ __ 00 _ 00 _ 0000 00 _ 00 _00 _ 00 00 _ 00 _ _ _ _ _ _ _ _ 00 00_ 00 _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ 00 __ 00 0000 _ _ _ _ _ _ _.5 Anticipated System Upgrades___u_________ _, _ __ _. _ _.. _. _ 0000___0000___ ___um ...00.__________________00000000__00_00____________ __ 0000005 Fundi ng Source. _ _ _ _ _ _ _ _ __ _ ____ _ _ _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ___ _ _ ____ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ ___ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __5 Sanitary SEWER & Potab Ie Water _ _ 00 _ _ _ _ 00 _ _ ___ _ _ _ _ ___ _ 00 __ _ _ _ _ 00 _ 00 _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 0000 _ _ _ _ _ _ _ 00 ___00 ___ __ m m _ _ _ _ _ _ _ _ ______ _ _.6 Sanitary Sewerage System Level of Service _ _ _ __........ U___UU____hmm__________________u____________ _... .__m_ _______ 0000006 Potab Ie Water Level of Service _ _ _ 00 _ _ _ _ _ _ _ _ m _ _ _ _ _ _ 00 00 00 _ _ 00 00 _ 00 00 _ 00 __ _ _ _ _ 00 _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ __ __ _ 00_ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 0000 _00 _ _ _ _ _ _.6 Sol id Waste. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ 00 _ _ _ _ _ _ 00 _ _ _ _ _ 00 _ _ _ 00 _ _ _ _ _ _ 00 _ _ 00 00 _ _ _ ___ 00 _ 00 00_ 00 _ _ _ _ _ 0000 00 00 _ 00 _ _ _ _ _ _ 00 0000 _ 00 __ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ 00_ _ _ _ _ _ _ _.8 Solid Waste Level of Service_ m_ 00_ __ ______ ___0000____ _ _ _ _ _.. _.. _ __ ___ _ ___mmmmm.._________________uuuu_______.u_____ _____.8 Handl ing Process _ 00 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ _ 00_ _ _ 00 _ _ _ _ _ 00 _ 00 00 _ _ 00 00 _ __ 00 _ _ _ _ _ _00 _ _ _ _ _ _ _ 00_.. _ 00 _ 00 00 _ _ _ _ _ _ _ _ _ _ _ _ __ 00 _ 00 00_ 00 _ _ _ _ _ _ _ _ _ _ _ 00 00 _ _ ,9 Anti cipated System Upgrades _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ 00 00 _ _ 00 __ _ 00 _ _ _ _ _ _ _ _ 00_ _ _ _ _ _ _ _ _ _ 00_ 00 _ 00__ _ _ _ _ _ _ _ 00 0000 _ 00_ 00 00_ 00 ___ _ _ _ _ _ _ _ 00_ 0000_9 Funding Source.uu_uuuuuu___ __ __ _ __ _ ___ 000000_00_000000_' _ __ _, _. _, _ 0000__ __ __ __ __ __ __ __ __ __ __ _ _00_ _00000000___ __ __ __. _.., _ __ _00_0000 __.9 Roads/Tri p Generati on 0000 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ 0000 _ _ 00 _ _ _ 0000 _ _ __ 00 _ _ _ _ 00 00 00_ 00_ 00 00 _ _ _ _ 00_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 0000 _ 00 00 00_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ 00 _ _ _ _ _ _11 RoadsfTrip Generation Level of Service 000000000000_____________000000000000000000_______00000000000000000000____00____000000_______12 Trip Generation Calculations__ ____ __ __ __ _ __ 00______0000 ___00. _, _ 00.... __ _ _ ________ __ __ __ __ __ __ m 00__________________ _ ___. ..... _ ___00___12 Residential! Transient _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ 00 _ _ _ _ __ 00 _ _ _ _ 00 _ 00 _ _ _ _ _ _ _ _ 00_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00_ _ _ _ _ _ _ _ _ _ _ _ _ 0000 _ 00 00 00 _ 00 00 _ 00 _ _ _ _ _ _ 00 00 _12 Non Residential 0000_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00_ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 00 _ _ _ _ 00 00 _ _ 00 _ _ _ 00_ 00 00 00 _ _00 00_ 00 _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _00_ _ _ _ 00_ 00 _ _ _ 00 00_ _ _ _ _ 00 00 _ _ _ I 2 Mooring Field 0000000000_0000_________ _ _______ _00___00__ 00_00__.. _ _.. _. _. .__ _U_UU_h.. ______________0000_00_0000____ _. ,_ ,_ _ .00____000000__12 Parki ngu_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 0000 00 _ 00 00 _ _ _ 00 _ _ _ _ _ _ _ __ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ 00 _ 00 _ _ _ _ _ _ 00 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ 00 _ 00 _ _ _ _ _ _ _ 00 _ _ _ _ _ _12 Other Issues _ 00 _ 00 0000 _ _ _ _ 0000_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ 00 00 _ _ _ _ _ __ _ _ _ _ 00 _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ 00 _ 00 _ 00 0000_ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00_ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _13 Harbor Impacts_ 0000_ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 00 _ 00 _ 00 _ 00 00 _ _ _ 00_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 00000000 _ _ _ _ _ _ _ _ _ _ _ 00 00_ 0000_ 00_ 00 _ _ _ _ _ _ _ _ 00 00 _13 Life - Safety Impacts_ _ _ _ ______________________._...._._._______0000______ ___.______________00__00____________00______00____0000______ _____13 Summary E val uati on, _ _ _ _ _ _ _ _ _ _ 00 00 0000 _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 _ _ _00 _ 00 00 _ _ _ 00 00 _ __ 00 _ _ 00 00_ 00 _ 00 _ _ _ _ _ 00 00 _ _ __ _ 00 0000 _ _ _ _ 00 00 _ _ _ _ _ _ 00 00_ 0000_ 00 00_13 Page 2 of 13 Key West Comprehensive Plan OBJECTIVE 9-1.5: CONCURRENCY MANAGEMENT mandates "that facilities and services needed to support development are available concurrent with the impacts of such development" and requires a determination of concurrency be made prior to a development order or permit that authorizes the "commencement of construction or physical activity" . The proposed Future Land Use designation for Wisteria does not authorize the commencement of construction or physical activity. Notwithstanding, Policy 9-1.5.1 requires a demonstration that the urban services needed by a "proposed development can and will be provided concurrent with the development." Existing Future Land Use Designation Impacts: Wisteria has no Future Land Use designation and therefore upland impact calculations based on the current designation would be inaccurate and lack validity. Therefore, such calculations are omitted from the following analysis. The mooring-related impacts however, currently exist and therefore are accommodated in the analysis. Data Sheets: Population based on Occupancy Rates Use No. of Units People/ Occupancy Total Unit rate population SF 35.0 2.4 0.7- 58.8 Transient 35.0 3.0' 0.84 84 Affordable 5.0 2.4' 1.00 12.0 Moorings on Owned Bay Bottom 57 1.57 0.38 25.7 Moorings Leased Bay Bottom 59.0 1.5 0.3 26.6 Population Total 207 Population - Maximum Occupancv Use No. of Units People/ Occupancy Total U nit9 rate population SF 35 2.4 1.0 84 Transient 35.0 3.0 1.0 105 Affordable 5.0 2.4 1.0 12.0 Moorings on Owned Bay Bottom 57.0 1.5 1.0 85.5 Moorings Leased Bay Bottom 59.0 1.5 1.0 88.5 Population Total 375 I Average owner-occupied household size in Key West, according to US Census ~ Occupancy in Key West per US Census data , Based on an average of 1.25 people per bedroom room at Sunset Key and a mix of suite-style rooms .j Transient Occupancy in Key West per Mo. Co. TDC data , Average owner-occupied household size in Key West, according to US Census " Applicant assumes employee housing occupancy at 100% -, Assumes 1.5 people per mooring (note: Live-aboards are not pennitted on State Lands) ~ Based on average mooring ball occupancy rates provided by the Harbor Masters of the City Marina at Garrison Bight and Boot Key Harbor Marina , Assumptions are the same as "Population Based on Occupancy" table above Page 3 of 13 DENSITY/ INTENSITY The proposed amendments place the following caps on the potential development rights of Wisteria: · 35 non-transient residential units · 35 transient residential units · 5 workforce housing units · 39,500 sq. ft. of non-residential floor area 10 · i: 1 00 moorings Non-transient residential density: 40 units / 21.3 acres = 1.8 units/ acre Transient Residential Density: 35units / 21.3 acres = 1.6 units/acre Transient and Non-transient residential density combined: 75 units / 21.3 acres = 3.5 units/acre Non-residential floor area ratio: 39,500 sq. ft. / 927,828 sq. ft. = 0.04 Under the proposed amendment the total density shall be capped at 75 units or 3.5 units per acre. As a comparison, the permitted densities of the two adjacent future land use categories in the City of Key West, HRCC-1 and HPRD are 22 units per acre. The actual density of the adjacent land uses as demonstrated in the Port and Waterfront Use Compatibility Analysis by Trepanier & Associates, 2008 is much higher. Under the proposed amendment the total non-residential FAR shall be capped at 39,500 sq. ft. (0.04). As a comparison, the permitted FAR of the two adjacent future land use categories in the City of Key West, HRCC-1 and HPRD is 1.0. The actual FAR as demonstrated in the Port and Waterfront Use Compatibility Analysis by Trepanier & Associates, 2008 is much higher. 10 "Nonresidentialj/oor area means the sum of the gross floor area for a nonresidential building or structure, as defined in section I 0 I-I, any areas used for the provision of food and beverage services and seating, whether covered or uncovered, and all covered, unenclosed areas. Walkways, stairways, entryways, parking, and loading areas are not considered floor area." - MCC Sec. 138-47 Page 4 of 13 UTILITIY TRANSMISSION Transmission Overview: The proposed FLUM Designation will allow potential development requiring utilities services including water supply for potable uses and fire protection, wastewater collection and transmission, plus power and communications. The Florida Keys Aqueduct Authority provides water service and the City of Key West furnishes sanitary sewer service and treatment in this area. The most feasible method for extending services to Wisteria Island is via subaqueous installation of utility connections from existing Sunset Key. These connections are already in place for services connecting Sunset Key to the main Key West Island. Various methods of construction would be evaluated including directional boring or other methods insuring protection of utilities from activity in the public navigation channel, vise versa. Anticipated System Upgrades: The potable water and sanitary sewer mains servicing Sunset Key contain the necessary capacity for adding Wisteria Island. However, ancillary improvements on Wisteria Island will consist of the following: · Sewage pumping station to provide wastewater transmission from Wisteria Island to the connecting utility at Sunset Key and eventually to Key West main island. · Potable water storage and repumping facilities with sufficient capacity for emergency storage for potential interruptions in service and equalizing storage to meet fluctuations in daily demand. · A separate fire protection system for hydrant flow and indoor building sprinkler systems to meet local fire codes. Similar to Sunset Key, this could be a separate system charged with fresh water but fed by a saltwater fire pump plus storage as necessary. · Emergency power source for operation of the above facilities during significant power interruptions. Currently Sunset Key has a recycle pick up as needed, which normally means once per week. We anticipate combining the recycling from Wisteria into the existing system which could increase the frequency of pick up. All necessary contract adjustments will be made. Funding Source: All fees associated with anticipated system upgrades will be born by the owners of Wisteria. Page 5 of 13 SANITARY SEWER & POTABLE WATER Sanitary Sewerage System Level of Service: Residential Uses: 100 gallons per capita per day for permanent residents and 90 gallons per capita per day for seasonal residents Non-Residential Uses: 660 gallons per acre per day The total capacity required for the maximum non-seasonal residential uses is: 100 gal/capita/day x 181 people!! = 18,100 gal/day The total capacity required for the maximum seasonal residential uses is: 90 gal/capita/day x 191.5 peoplel2 = 17,235 gal/day The total capacity required for the maximum nonresidential development of 0.906 acres of floor area IS: 660 gal/acre/day x 0.906 acres = 598 gal/day The total transmission capacity required for the maximum development of Wisteria is: 18,100 gal/day + 17,235 gal/day + 598 gal/day = 35,933 gal/day!3 The Richard A. Heyman Environmental Protection Facility advanced waste water treatment plant has the available capacity to accommodate the potential impacts resulting from the proposed map designation. The current wastewater treatment plant has treatment capacity for 10 million gallons per day. Only 4.8 million gallons per day of capacity are currently utilized. Potable Water Level of Service: Residential Uses: 93 gallons per capita per day Non-Residential Uses: 650 gallons per acre per day The total capacity required for the maximum residential uses is: 93 gal/capita/day x 375 peoplel4 = 34,875 gal/day II Population based on the non seasonal population including non-transient market rate units, workforce housing units, and mooring balls over owned bay bottom 12 Population based on the seasonal population including transient units, and mooring balls over leased bay bottom I' It is important to note that this number does not include a deduction tor current moorings, because records show that pump out is not occurring around Wisteria and the applicant's assumption, supported by visual evidence, is that the current moored vessels rumpi dump their sanitary waste overboard into the near shore waters. 4 Population based on all residential uses. Page 6 of 13 The total capacity required for the maximum nonresidential development of 0.906 acres of floor area IS: 650 gal/acre/day x 0.906 acres = 589 gal/day The total transmission capacity required for the maximum development of Wisteria is: 34,875 gal/day + 589 gal/day = 35,464 gal/day The total supply capacity required for the maximum development of Wisteria is: 34,875 gal/day + 589 gal/day - 16,182 gal/day15 = 19,282 gal/day The Florida Keys Aqueduct Authority ("FKAA") has adequate supply capacity to serve the potential development. FKAA has constructed facilities on the rnainland in Florida City to expand water supply for the Florida Keys. This permitted and constructed irnprovernent enables FKAA to provide over 23 MGD, which will provide sufficient capacity through 202216. Operational in 2010, the recent expansion of the RO. plant will provide 6.0 MGD, which cornbined with the 17.0 MGD permitted withdrawal frorn the Biscayne Aquifer, increased available water supply to 23 MGD for the Florida Keys. Expanded Florida City R.o. Plant. The Departrnent of Health issued Permit # 150092-007-wc/04 (Exhibit I) on Novernber 14,2006 to allow for the construction of an expanded reverse osrnosis (RO.) water plant in Florida City. The expanded water plant is designed to treat blended Floridian Aquifer water as an alternative water source to the Biscayne Aquifer. The permit design capacity of the expanded RO. plant is 6 MGD. Revised Water Use Permit. The SFWMD issued revised Water Use Permit (WUP) # 13-00005- W (Exhibit II) on March 26, 2008, which recognizes the additional blended Floridian Aquifer capacity that will be provided by the expanded R.O. plant. Interirn Water Use Allocations in the WUP permit provide FKAA with an allocation of 17.00 MGD (dry season) and 17.79 GPD (wet season) which rnay be withdrawn frorn the Biscayne Aquifer and allows FKAA to utilize the Stock Island and Marathon Reverse Osmosis plants for any dernands exceeding the interim withdrawal Iirnit, pending cornpletion of the R.O. plant in Florida City. The Stock Island and Marathon RO. plants have a cornbined capacity of 3.0 MGD providing an interirn WUP water supply of 20.0 MGD during the dry season if needed. Once operational in 2010, the R.O. plant will provide an additional 6.0 MGD, which when combined with the 17.0 MGD permitted withdrawal frorn the Biscayne Aquifer, will increase available water supply to 23 MGD for the Florida Keys. The interim allocation of20 MGD (7,300 MG/year) through 2010 and 23 MGD after 2010 provides ample water supply to support the adopted amendment and allocated growth well beyond 10 years. The "Monroe County 2007 Annual Public Facilities Report" docurnents historic water use in the Florida Keys. Water dernand has fluctuated significantly on an annual basis, however when evaluated over a ten- year period, the data shows an increase in water dernand of more than I billion gallons over the last 10 years with an annual average increase of approxirnately 104 MG/year. This increase in dernand can be shown in the following calculation: 15 The supply capacity is less than transmission capacity because the supply is already impacted by the existing moorings. According to interviews with moored residents, potable water is currently obtained from the Key West Bight which is served by the FKAA source. 16 Excerpt from Analysis by Kenneth B. Metcalt: AICP, (Greenberg Traurig, P.A.), August 22. 2008. Page 7 of 13 1996 annual water dernand = 5,272 MG /year 2006 annual water dernand = 6,310 MG /year Average Annual Increase = (6,310 MG - 5,272MG)/ 10 = 103,8 MG /year Based on the average annual increase of 103,8 MG per year, the interim allocation would be sufficient for an additional 9,5 years of growth beyond 2006 or through 2015 until dernand reaches the interim permitted withdrawal of20 MGD (7,300 MG/year). Since completion of the Florida City facilities, the 23 MGD allocation is available to support yet another 9.5 years of growth. Based on these findings, sufficient permitted water supply is available to rneet the needs of the Florida Keys through 2024. Improvements Schedule/Status. Condition 30 of the WUP provides the R.O, plant and the associated Floridian deep wells that will provide 23 MGD of capacity through 2024: . DEP Underground Injection and Control permit was obtained on May 21, 2008. . Construction contracts were required within 180 days or by Novernber 21,2008; . Testing is required within one year and 30 days frorn issuance of the permit or by June 21, 2009. . The R.O, plant construction was cornpleted in January, 2010. Page 8 of 13 SOLID WASTE Solid Waste Level of Service: Solid waste handling will not impact the City of Key West's solid waste handling system. Wisteria, like Sunset, will be handled commercially. Commercial handling is by private contract between the user and a licensed waste hauler. Applying the Key West LOS for solid waste we calculate the following capacities: Residential Uses: 2.661bs per capita per day Non-Residential Uses: 6.371bs per capita per day The occupancy-rate based capacity required for the residential uses is: 2.66 Ibs/capita/day x 207 people = 551 Ibs/day The occupancy-rate based capacity re~uired nonresidential uses is: 6.37 Ibs/acre/day x 73 peoplel = 465 Ibs/day , Total occupancy-rate based capacity required: 5511bs/day + 465 Ibs/day = 1,0161bs/day According to the Monroe County Facilities Capacity report, there is adequate solid waste capacity for the next 8 years of new development. Any potential development on Wisteria, will not add to the solid waste stream because no new units will be created. All units will be transferred from existing or previously existing units. The City of Key West also has approximately 30% excess solid waste capacity, according to the Key West Utilities Manager, and with increased recycling, the City expects that excess capacity to increase. Handling Process: In this case, handling will programmatically mirror that of Sunset Key. Sunset contracts with Waste Management for a single compactor for household and restaurant waste, a roll-off dumpster for yard waste. The containers are housed on Sunset Key. Recycling is handled internally with pick up on an as needed basis. A Waste Management truck is ferried to the island on an as needed basis (usually once per week) where it deposits an empty compactor and roll-off dumpster. The truck retrieves the full units and is ferried back across the harbor. The truck hauls the trash to Rockland Key, where it is transferred and hauled to the Mainland. Anticipated System Upgrades: Currently Sunset Key has a recycle pick up as needed, which normally means once per week. We anticipate combining the recycling from Wisteria into the existing system which could increase the frequency of pick up. All necessary contract adjustments will be made. Funding Source: , All fees associated with solid waste handling will be born by the ~)wners of Wisteria. I: Based on industry standard of one employee per occupied room. Page 9 of 13 ROADSITRIP GENERATION R d/T' G L I fS oa s riP eneration eve 0 erVlce: Roadwav Facilities Segment 1993-210 State Urban U.S. 1 D A = Free flow Principal Arterials N. Roosevelt Blvd. D B = Reasonably free flow Truman Ave. E C = Stable flow Whitehead St. E D = Approaching unstable flow County Urban Minor Arterials D E = Unstable flow eounty Urban Collectors D F = Forced or breakdown flow City Urban Collectors D Trj Generation Calculations: Trip Generation ITE # Land Use Amount Trip Rate Total Weighted Classification Vehicle Trips per Day Residential Residential Planned Unit Single Family Development (ITE elass 35.0 7.5 55.118 No. 270) Transient All Suites Hotel (ITE 35.0 6.2 45.519 I Class No. 311 Employee Housing Apartment (ITE Class No. 5.0 6.7 16.820 220 Residential Total 117.4 Non-Residential Restaurant Quality Restaurant (ITE 4,000.0 90.0 Class No. 931 179.921 Drinking Place (ITE Class No. 936 Current levels of service for Key West roadways were not available at the time of this analysis. As reported in the County's staff report, "Trip generation estimates are based on the closest categories to Mooring Field and categories matching the maximum. The ITE numbers were weighted to more closely represent the nearly closed system Wisteria Island represents. 18 Experience at Sunset Key dernonstrates less than 30% of the residents have a vehicle in Key West 19 Experience at Sunset Key demonstrates less than 30% of the guests corne to the resort with a vehicle 20 ITE studies are based on a mainland suburban environment. Given the closed system aspect of Wisteria, applicant anticipates oft~island trips to be reduced by approximately 50%. 21 Experience at Sunset Key where approximately 50% of the restaurant trips are internal (i.e. guests of the resort and residents of the island constitute approximately 50% of the clientele of the restaurant and do not generate off-island trips 22 Experience at Sunset Key where approximately 75% of the bar trips are internal (i.e. guests of the resort and residents of the island constitute approximately 75% of the clientele of the bar and do not generate off-island trips 23 Trips, per industry standards, constitute all trips whether they are by foot, bike, dinghy, private boat, water taxi, automobile, bus, etc. Therefore it is important to consider that the total number of trips can be reasonably expected to be multi-modal (i.e. -;pread among various types of transportation modes and various points of departure and arrival) Page 10 of 13 The weighting system used reflects the occupancy approach itemized in the table [above] and internal trips using available knowledge and experience from the adjacent Sunset Key." Residentiall Transient: As reported in the County's staff report, "Proposed dwelling units would be located on Wisteria Island, so all trips to and from the Island will be accommodated within multi-modal context, with the majority of trips likely to occur within the existing water taxi service currently operated by the managers of Sunset Key. The Sub-Area Policy requires residential and transient units to be transferred to Wisteria from other locations. Therefore, given that no new units will be created, no increase in overall trip generation will result County-wide; notwithstanding, there will be a relocation of trips from the current or previous location of the units to Wisteria Island. As previously mentioned the trips associated with the units, which were previously, presumably, primarily land based trips will become multi-model trips spread across land and water with a variety of origination and departure points." The total per day trips at maximum potential development is estimated at 117. Non Residential: The potential trip generating non-residential floor area is an allowance for a bar and restaurant. Again all access to the island will be by private boat or water taxi service. Therefore the total per day trips resulting from non-residential floor area is estimated at 304 Mooring Field: No new impacts are anticipated. As part of the Fish & Wildlife Pilot Mooring Field Program, we have begun monthly surveys of the illegally moored vessels around Wisteria. Data for the March 2010 reveal l06 vessels currently moored, 65 of which are liveaboards. Formalizing and controlling the mooring of vessels around Wisteria will create no additional transportation impacts above those already included in the level of service calculations of both Monroe County and The City of Key West. Parking: The mooring field impacts with regard to parking will not change as a result of this designation. The parking impacts already exist and as such should be accounted for in both the County's and the City's Public Facilities Capacity Reports. We know from experience at Sunset Key, that few residents keep vehicles in Monroe County or the City of Key West. Parking for Sunset is accommodated within a parking structure at the Westin. This structure has ~100 space excess capacity that could be used in association with development at Wisteria. Parking for the private boaters is already accommodated dock-side as required by both the Key West and County codes. Additionally, the County's Development Review process requires appropriate traffic and parking studies be performed at the time of development review. Page 11 of 13 OTHER ISSUES: Harbor Impacts No physical structures are proposed to impact the harbor or the navigational channel. Life-Safety Impacts Currently the life-safety impacts of Wisteria are extensive. Data available from 2003-2008 shows an average of 37 calls per year. However, once the FLUM is adopted and on-island activity commences, life-safety impacts are expected to closely approximate that of Sunset Key, which averages 8 calls per year. The responding agencies for Wisteria are predominantly the County Sheriff, USFW, US Border Patrol. Any responses by the City of Key West would be governed by the existing mutual aid memorandum of understanding. Wisteria Call Summary Year No. of Calls 2003 21 2004 36 2005 28 2006 67 2007 28 2008 40 Area Check Abandoned Boat Abandoned Vehicle Abuse - Elderly Aircraft Patrol Armed and/or Caution Assault/Battery Assist Other Agency Assist Public Battery Sunset Call Summary Year No. of Calls 2005 10 2006 9 2007 9 2008 7 2009 3 Wisteria Life-Safety Call Summary Boat Citation Boat Fire Boating Incident Boating Inspection Brush/ Trash Fire Derelict Boat Derelict Vessel Disabled Vehicle Disturbance Domestic Violence EMS Call En Route Water Patrol Federal Water Patrol Fire eall Fire-Structure Follow Up Investigation Gas Leak/Fire Grounded Boat Incident Lobster LostfFound Property Marine Violation Medical AssistfFire Miscellaneous Navigational Hazard Off-Duty Employment Office Time Pass-On Police Service Required Reckless Boat Record Saltwater Species Sea Turtle Special Detail Special Duty Stolen Vehicle Suspicious Activity Suspicious Incident Suspicious Person Theft Threats Traffic Stop Trespass Follow Up Trespassing Turtle Vehicle Crash Vessel Stop Vessel Theft Warrant Service Sunset Life-Safety Call Summary Alarm Armed Person Domestic Fire eall Foot Patrol Miscellaneous Obscene/Harassment Public Assist Sick! Injured Special eheck Special Event Suspicious Incident Suspicious Vehicle Theft Traffic Stop Trespass Vessel Stop Warrant Water Assignment Page 120f13 SUMMARY EVALUATION Policy 9-1.6.3: Evaluation Criteria for Plan Amendments. Proposed Plan amendments and requests for new development or redevelopment shall be evaluated according to the Compliance following guidelines: a. Does the proposed action contribute to a condition of public hazard as described in the No- In Compliance Public Facilities and/or Coastal Management Elements; Does the proposed action exacerbate any existing condition of public facility capacity b. deficits, as described in the Transportation eirculation, Public Facilities, and/or No- In Compliance Recreation and Open Space Elements; c. Does the proposed action generate public facility demands that may be accommodated No- In Compliance by capacity increases planned in the Five-Year Schedule ofImprovements; d. Does the proposed action conform with the future land uses designated on the Future Yes- In Compliance Land Use Map within the Future Land Use Element; e. Does the proposed action comply with and accommodate public facility demands Yes- In Compliance based on the adopted level of service standards contained herein; All fees associated with If the proposed action requires that any public facilities be provided by the eity, there Anticipated System f. shall be a demonstration of financial feasibility; and Upgrades will be born by the owners of Wisteria - In Comoliance g. Does the proposed action impact facility plans of any State agencies or facility plans No- In Compliance of the South Florida Water Management District. h. Does the proposed action have adverse impacts on natural and environmental No- In Compliance resources, including near shore waters, the reef tracts, and marine resources. Page 13 of 13 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional andfair To: Monroe County Planning Commission From: Mitchell N. Harvey, AICP Comprehensive Planning Manager Thru: Townsley Schwab, Director Planning and Environmental Resources Date: June 17,2010 RE: Response to Planning Commission Comments Wisteria Island FLUM and Sub Area Policy Amendments During Planning Commission discussion at the public hearing held on June 10, 2010 in the Harvey Government Center in Key West, several issues were directed to staff for response at the June 23, 2010 continuation of the Wisteria Island FLUM and Sub Area Policy (SAP) amendments. Please review the response to the following issues: Question: Does Key West have affordable or workforce housing set aside in their mooring field? Where did that condition come from for the Wisteria SAP? Response: Key West does not have an affordable or workforce housing set aside in their mooring field. That condition was suggested by the Growth Management Director to be consistent with the County's inclusionary zoning requirement of 30% of all new units to be reserved for employee/ affordable housing. This is based on the observation that a significant portion of people now using the uncontrolled anchorage at Wisteria Island are liveaboards who work during the day in Key West. The set aside would help accommodate the needs of working individuals who reside on their boats, work in Key West, and wish to take advantage of the amenities of a managed mooring field. Question: How would the 'private' mooring field be regulated by law enforcement? Response: The applicant has been in discussions with the State regarding the development and management of a private mooring field. Either the applicant or the state would have to answer that question. I I I - .- - I I I - , Question: Roger Bernstein mentioned the possibility the County being involved and getting a share of the mooring fee. Response: The applicant has not been in any discussions of a partnership with staff since the application was submitted. Question: Comm. Lustberg asked if there would be any additional requirement or involvement by the County if the mooring field was approved. Response: The answer would be 'yes' if the County is involved in any type of partnership. Any such partnership would require a commitment of staff resources. Question: Where will the existing boats go if a mooring field is established? Response: A mooring field would clean up the anchorage area and some derelict vessels would likely be destroyed. Many of the vessels out there now are close to derelict already and may ultimately be destroyed even if they migrate elsewhere. The implementation of a mooring field will have a positive net affect on abandoned and derelict vessels in the Keys. Not all the vessels will go elsewhere. Question: What mechanism will take place if they later remove some moorings or abandon the mooring field. Response: This would most likely be a condition identified in the submerged land swap or lease agreement between the property owner and the State. The applicant has indicated that they will be preparing suggested language to be included in the Sub Area Policy that addresses this issue. Question: Would a baybottom swap with the State have conditions regarding the use of the owner's new baybottom, including putting in and managing the moorings, providing shoreside facilities and amenities, etc? Response: The Division of State Lands said the Wisteria owner was told they need to do some re-thinking of the project and presenting their bay bottom swap request. State Lands need to know the public benefit. Their understanding is that the applicant will come back later this year to apply and provide more explanation of the project. The mooring field permit would be the primary mechanism for having restrictions, requirements and a management plan (that would likely include maintenance) regardless of who owns the baybottom. Question: Are there other spoil islands in the Keys besides Wisteria Island? Response: There are spoil islands associated with, and adjacent to, the historically dredged Intracoastal Waterway (ICW) in the upper Keys, but they are not privately owned. Question: Are there other spoil islands that may be privately owned? Response: Staff is working to determine this. , - I' '.. j I I ' - Question: What amenities or facilities does the State require of a mooring field? Response: When liveaboards are authorized to utilize a mooring field, the State would limit their stay to 6 months (over sovereign submerged lands). Typically, the State will require pump out facilities, upland restroom/shower facilities (two sinks, toilets, and showers for every ten slips is the rule of thumb). The mooring field would also have to have an Operations and Management Plan for the facility which outlines pump out, spill response, personnel training, etc. Question: What would happen if the State leases baybottom to the applicant for the mooring field and sometime in the future the mooring field is not maintained or moorings are removed or the field is taken out of operation? Response: The State would cancel the baybottom lease if the mooring field is discontinued. Question: Can the applicant have a 'Special Anchorage Area' adjacent to the mooring field? Response: The Secretary of Transportation, through the US Coast Guard (USCG), is authorized to establish 'special anchorage areas' in which vessels less than sixty-five feet are not required to display anchor lights. However, the USCG has indicated that no 'special anchorage areas' are allowed south of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGS) line in Long Key. The USCG has not allowed the Marathon or Key West mooring fields to not have their customers use their anchor lights. Question: Can liveaboards currently anchor on the sovereign submerged lands adjacent to Wisteria Island? Response: Yes Question: The Planning Commission asked if the County could construct a mooring field adjacent to Wisteria Island? Respone: Procedurally there is the potential for the County to pursue development of a mooring field if required upland facilities are provided to support the mooring field, including: provisions for dinghy dockage, restrooms and showers, vessel pumpout, trash receptacles, and any other amenities that may be deemed a requirement by the State. Applicant Response: Attached is a response from the applicant regarding the question from Commissioner Lustberg about the possibility of County doing its own managed mooring field at Wisteria Island. The applicant disagrees with County staff who indicated at the hearing on June 10th that the County could build mooring field at Wisteria Island. Question: Does the County staff agree to allow the inclusion of an additional 0.4 acres of land to the proposed 1.6 acres of proposed mooring related upland development to meet the requested 2.0 acre open space requirement. Response: Staff continues to recommend that the developer dedicate a contiguous 2.0- acre public access green space. I I '. I _ 1 I ' I . Key West Harbor Mooring Field at Wisteria Island P.O. Box 2455 Key West, Florida 33045 Please Reply To: Roger M. Bernstein, Esq. 300 Sevilla Avenue. Suite 3\ 0 eoral Gables, FL 33 I 34 EmaiJ: rogerlal2bernsteins.com Via Email: Schwab- Townslev@monroecountv-fl.go\' Townsley Sch\....ab, Senior Director Planning and Environmental Resources Monroe County Planning Commission Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Re: Agenda: June 9, 2010 Items 5 and 6 rc: Wisteria Island Dear Townsley: At the June 10 continuation of the Planning Commission Meeting, Commissioner Lustberg asked about the possibility of the County doing its own managed mooring field at Wisteria Island. Rich Jones, on behalf of Growth Management, indicated that the County could build a mooring field at Wisteria Island and that money might be available to do this. I respectfully disagree. First, there is no doubt that the illcgal anchoring at Wisteria IslandIFleming Key and at other indicated locations within Monroc County'sjurisdiction on state owned bay bottom is a rcal problem. The BOCC stated this in a unanimous agenda item dated May 20, 2009, Resolution No. 150-2009, a copy of which is attached. The situation at Wisteria Island/Fleming Key has been described by the County as .....the largest and most problematic anchorage in the Keys:' This statement is contained in an Anchorage Site Evaluation Form dated April 23, 2002 (copy attached). A managed mooring field as far as 6.260 teet from Simonton Street with no proximate upland support is not going to succeed in attracting local live-aboards and cruising boaters. A minimum level of upland support would include rcstrooms, showers, laundry facilities, dinghy dock, fresh water, pump-out services, and waste disposal. The best place to support a managed mooring field serving the state owned bay bottom on the west side of Wisteria Island is, Townsley Schwab, Senior Director Planning and Environmental Resources Monroe County Planning Commission June 16,2010 Page 2 in fact, Wisteria Island. In the 2002 Anchorage Site Evaluation Form it states, "Wisteria Island itself looks like a feasible location for facilitating management and providing limited services." The proposed mooring field is 170 feet from the Wisteria Island dinghy docks at its closest point. In fact. it is the intention ofFEB Corp. to provide substantial services. not minimum services. to the boaters of the managed mooring fields along the lines of the first-class Boot Key Mooring Field in Marathon. We believe that, in addition to the amenities described above, a ship's store, a bar and restaurant, a dog run. and a safe and accessible dinghy dock on the Island will be very attractive to the boating community. We also intend to provide scheduled water taxi service between Wisteria Island and mainland Key West as both a safety and convenience matter. Boaters can safely leave their dinghies at the Wisteria Island dinghy dock and not have to transit a very busy commercial and military harbor or look for a dinghy docking space onshore. The appeal of this mooring field to the cruising community is confirmed by the attached letter \\-Titten by Morgan Stinemetz, which appeared in The Citizen on June 2, 2010. Our managed mooring field will solve the problem of illegal anchoring offWistcria Island/Fleming Key. I use the ternl "illegal anchoring" intentionally. Based on conversations and testimony by Lt. Dipre of the FWC, a boat that is not capable of self-propulsion at all times and which stays for extended periods of time on state owned bay bottom is anchored illegally. Add to that the lack of holding tank and pump-out capability, improper anchoring gear (such as engine blocks and concrete drums) and chains scarifying the bottom and you have the situation which now exists in the waters of Key West Harbor. (See. \vww.kv,,'harbormoorinlZs.com.) The Cilizen in a May 14.20 10 editorial stated: .....a cleaner and safer harbor. a professionally managed mooring field, and a moderately developed island could have a positive environmental and economic impact." The Planning Commission should also considcr the risks inherent in engineering and building a mooring field. Enclosed is a copy of an article from thc June 2010 issue of Soutlnvinds magazine entitled, "Sarasota Mooring Field: S~AFU:' The point of the article is that the engineering and construction of a managed mooring field is not a simple matter. The municipality that embarks on this in the current climate has to be mindful of the risks that the City of Sarasota incurred in their project. Their project began with an engineering contract in the amount of $155.868. The 60-day project is still not complete and was shut down on October 14,2009. The cost to the City is probably in excess of$l million and there is no mooring field. FEB Corp.. which has owned Wisteria Island for 43 years, is willing to engineer and install a first rate mooring field. It will assume the risks - engineering, financial and operational- and will deliver a product in which Monroe County and the neighboring City of Key West can take pride. The County and the City will benefit from the managed mooring field and will be shielded from ongoing operating expenses and risks. Townsley Schwab, Senior Director Planning and Environmental Resources :vlonroe County Planning Commission June 16, 201 0 P1lge 3 Please distribute this letter and attachments to the members of the Plannin!; Commission before the June 23,2010 meeting. J wi II be pleas..:d to provide any other i nformalion you may require, Yours sincerely, ---7~ ~J;--)~ Roger 'J. Bernstein RivIBibso Encls. cc: Roman Gastesi, County Administrator Via E-mail: ~tesi-roman@monroecountv-l1g()v BO.-\RD OF COU/\TY CO\1MISSIO~ERS AGEN))A ITEM SUMMARY Meeting Date: Mav 20. 2009 Division: Growth Mana2ement Bulk Item: Yes L No Department: Marine Resources Office Staff Contact PersonIPhone #: Richard Jones 2805 AGENDA ITEM WORDING: Approval of a resolution acknowledging the impacts associated with illegal unpemlitted vessel moorings proliferating throughout the keys. and requesting the Florida Fish & Wildlife Conservation Commission. the Florida Department of Environmental Resources. and the Board of Trustees of the Intemallmprovemcnt Trust Fund to coordinate with Monroe County in addressing such impacts, ITE~l llACKGROUN [): Vessels throughout the Keys waters arc routinely moored on state sovereign submerged lands utilizing unpermitted anchoring devices such as concrete or engine blocks. These illegalunpermiltcd moorings often cause resource degradation, as well as navigational hazards and property damage \,...hen vessels come unattached from the mooring. Staff desires to coordinate with the appropriate state agencies in addressing unpemlitted moorings with the objectives of pursuing regulatory action. removing unpermitted moorings. and developing measures to prevent future placement of unpermitted moorings. PREVIOUS RELEVA/\,. ROCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGF.Tf.D: Yes _No COST TO COL'NTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOU1'iT PER i\10NTII_ Year APPROVED BY: County Ally ---X- OMRfPurchasing _ Risk Management_ DOCUMENTATION: included X Not Requireu_ DISPOSITION: AGENDA ITEM # Revised 1109 RESOLUTION NO. 150 -2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ACKNOWLEDGING THE FINANCIAL COSTS AND ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE PROLIFERATION OF UNPERMITTED VESSEL MOORINGS THROUGHOUT THE WATERS OF THE FLORIDA KEYS, AND REQUESTING THE FLORIDA FISH & WILDLIFE COMMISSION, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE BOARD OF TRUSTEES OF THE INTERNAL I:\1PROVEMENT TRUST FUND TO ADDRESS SUCH IMPACTS AND COORDINATE WITH MONROE COUNTY ON THE REGULATION AND REMOVAL OF ILLEGAL AND UNPERMITTED VESSEL MOORINGS. WHEREAS. the Board of Trustees of the lrHernal Improvement Trust Fund is the steward of state soverei gn submerged lands, and oversees the use and development of such lands; and WHEREAS, the Florida Department of Envirorunental Protection, as staff to the Board of Trustees, has regulatory and proprietary authority over the use of sovereign submerged lands, and provides review and permitting of objects or structures placed on or over such lands; and WHEREAS, the Florida Fish and Wildlife Conservation Commission has regulatory authority over wateJWay markers in, on, or over the waters or shores of the state. including the permitting of vessel moorings; and WHEREAS, the Monroe County Office of Marine Resources assists with the development and implementation of boating infrastructure throughout the waters of the Florida Keys, including the establishment of permitted moorings; and WHEREAS, the placement of unpermitted or nonconforming vessel moorings in or on the waters of the state is a criminal offense; and WHEREAS, illegal unpermitted moorings have proliferated in recent years throughout the waters of the Florida Keys. often as an alternative to docking or anchoring of vessels for storage. residential and commercial purposes: and WHEREAS, illegal unpermitted moorings may not be properly designed. positioned or installed, often resulting in benthic resource degradation or the creation of a hazard to navigation; and \VHEREAS, vessels on illegal unpennitted moorings may come unattached from their mooring, resulting in such vessel5 going adrift and creating the potential for property and resource damage; and WHEREAS, the casino boat Pair-O-Dice recently came unattached from an unpermitted mooring off of Key West for the second tirne within two years. endangering public safety and causing significant cost to the tax payers of the State of Florida; and WHEREAS, illegal unpermitted moorings directly contribute to the proliferation of abandoned and derelict vessels; and WHEREAS, no coordinated efforts between state and local governments have yet been established to address the issue of illegal unpermitted moorings; NOW THEREFORE, BE IT RESOL \fED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Monroe County Board of County Commissioners requests the Board of Trustees of the lnternallmprovement Trust Fund. the Florida Fish & Wildlife Conservation Commission (FWC) and the Florida Department of Environmental Protection (DEP) to recognize existing state statutes and administrative codes pertaining to the depositing or affixing of materials or objects upon or into sovereign subrnerged lands. and address the unpermitted use of materials or objects other than anchors for the purposes of mooring vessels. Section 2. The Monroe County Board of County Commissioners requests FWC and DEP to work in a coordinated effort with the Monroe County Office of Marine Resources to address the issues associated with illegal unpermitted vessel moorings. Section 3. The Monroe COlmty Board of County Commissioners directs staff, in coordination with FWC and DEP to evaluate the potential for identifying and removing illegal unpermined moorings from the waters of the Florida Keys within Monroe County, and develop measures to prevent future placement of unpermitted moorings through education and outreach. Section 4. The Monroe County Board of County Commissioners requests FWC and its officers. the Sheriff of Monroe County and his deputies. and all other law enforcement officers as provided in section 327.70 and 253.05 Florida Statutes, to take reasonable and appropriate law enforcement action against persons who have unlawfully placed, caused to be place, or maintained in place any unpermitted or nonconforming vessel moorings. Remainder of this page intentionally left blank 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20th day of May, 2009. Mayor George Neugent Mayor Pro Tern Sylvia], \1urphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OFMO~ECOUNT\~LO~A BY: ~:F- ~.. 0 )~5~ Mayor George Neugent ~ ,.." "TJ -" 0 ~ .:;! l> ;=:; ~g~ -.0 ~ ", c;:, ~: :;; 0 r.-:::o - :., ::z;: r- I "TJ ~:-,:... N 0 ..:; .-: Cl ::0 --'~r- ~ ::0 ;c-..:z: fT1 :-";-1)> ~ CO) -" C"l 0 ,- rr, ::0 co 0 3 ANCHORAGE SITE EYALllA nON FOR:\I Date: April:!). 2002 General (nform ation I~egion of Keys: I ,ower Keys Specific Location: Wisteria IslandlFleming Key anchorage area Current Anchorage Population: 250-400 boats T~'pe of Vessels in Anchorage: Mostly liveaboards on evervthing from low-end sail and power boats. modified vessels. and floating structures to mid and hilZh-end sailboats. There are several dozen vessels. mostly sail. in good condition that aopear to be true cruising boats located in particular areas of the larlZer anchoralZe area. There are numerous D/Y's. abandoned and sunken vessels as well as marine debris scattered around the shoal areas. There are numerous old boat hulls washed UD on the shore of Wisteria Island. There are also a handful of charter sailboats. Water- Depth: 1-15'. Benthic Environment: Mostlv sealZrass Bottom Type: Mostly soft bottom Zoning (is site within a regulatory zone'!): No SitelFncilities Information Landing facility (if any): It was difficult to determine fro 111 the preliminarv survey where hoat 0\\ ners dinlZhv into shore. There are a number of marina facilities located alona the western shore of Kev West thaI may provide dinlZhy dockage and other services. However. for most of the anchorage area that would be a long dinlZhv ride which would include crossing the busy main channel with much boat traffic. Vessels arc anchored all alone the western shoreline of Flcmil1lz Kev. however the land is a restricted area and landinlZ is not allowed. There does not appear to be suitable fa~jlities for shoreside access for the several hundred vessels anchored in the area. PUlllpOllt Facility (if any): Several of the marinas in Key West have pumpout facilities. Parking Facilities (if any): Parking could not be determined from the preliminar,' survey. Any County Facilities or Land'! None Other Facilities (if any): N/A Site Oyen'iew General Condition/Situation: The Wisteria Island/Fleming Key anchoraee area appears to be the lanzest and most problematic anchorage in the Kevs. The anchoraee area. which covers several miles. apoears to be comprised of several smaller anchorages that overlap somewhat. Different t"pes of vessels and accompanying lifestvles were observed from one specific area to another. The dozen or so vessels anchored between Wisteria Island and Sunset Key appear to be mid to high-end true cruising vessels anchored in appropriate depth water. This location is close to the ships channel and real cruisine grounds. and the vessels appear to be cruisers. On the north side of Wisteria the water is quite shallow in areas. with vessels in the worst condition t\ pical" in the shallows and vessels in better condition in the deeper watcr to the west and northwcst of the island. Almost all vessels in these areas appear 10 be local liveaboards. Just across r...lan of War Harbor. another hundred or so mostly low-end vessels are anchored adiaccnt to Fleming Key. with a few true cruising boa IS at the southerly end of that anchora1!.e, Al least half of the vessels anchored throughout the larger anchorage area are inoperable and in terrible condition. many iust waiting to be abandoned or sunken, Preliminary Recommendations: This enormous anchoraae grounds is truly out of hand. The area is in d ire need of management and enforcement of regulations. There are probably hundreds of DIY's. abandoned and sunken vessels to be removed at the expense of the public, There are olenty of marine facilities in the area that could possibly be developed to provide services to the liveaboard and cruising community, It seems feasible Ihat the City of Key West could further develop it.s moorinlZ field system to provide suitable managed moorings to operable vessels. both cruisiOlZ and Iiveaboard. The cruising community would probablv welcome a system of moorings. DUI11Pout services. shores ide access and information, Dealing with the local liveaboards will be a larger issue. Wisteria Island itself looks like a feasible location for facilitatin!! mana!!cment and providing limited services. The City of Key West should continue with studies to furthcr evaluate the anchoralle area and pursue developinll a master plan to address the problems. Priority Lcnl: I'li!!h Anchorage Site Evaluation Summary Of the fifteen anchorage sites evaluated only ten sites wcre considered to be a moderate or high priority in regards to significant problems that need to be addressed through some level of anchorage management (Table I). Thc live sites detcrm ined to be a low priority had very few vessels anchorcd (seven or less). with few boating impacts observed. and no history of reported problems or complaints. Those five sites do not need to be considered for any further planning or review for the purposes of a Keys-wide mooring lield system at this time. Table I. MANAGEMENT NEEDS PRIORITY LEVEL Anchorage Site High Moderate Low X X X Little Manatee Bay Blackwatcr Sound Tarpon Basin Buttonwood Sound X Rock I-Inrbor X Community Ilarbor X Windley Key * X Lorelei · X Little Rasin * East Roncfish Bay ** X SOlIth Pine Channel X Saddlebunch Harbor Roca Chica Harbor X CO\\ Key Channel *** X \\listeria Island *** X X X . indicates anchorage sites within or adjacent to the jurisdictional boundaries of the Village of Islamorada . * indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Marathon *u indicates anchorage sites within or adjaeentto the jurisdictional boundaries of the City of Key West The ten anchorages listed as moderate or high pnonty sites were found to have a greater population of vcssels nnd werc observed to have some significant boating impacts that need to be addressed. Fivc of those ten sites are within or adjacent to the jurisdictional boundaries of an incorporated arca. nnd any further studies or recommendations for those sites should be left to [he discrction of thc management of those cities (i.e. Village of lslamorada. City of Marathon, and the City of Kcy West). This document should be provided to those cities for their review'. The remaining Iivc anchorage sites (denoted in Table I with a bold X). which arc located within unincorporated ~vlonroe County. were observed to have a considerable numbcr of vesscls and associated boating impacts. and are reviewed further in this document and recommended to be included in the subscquent planning proccsses. ;; } ( ---:1'\( i';' __-( ,;i-~- 2r~^) _".J !....,.... v. .. '......~ f ~." ~.. .. ___..__..~---- --.-------- .. . . .... - .. .. . . . .. . .. . .. .. . . ~ .. . . ~ . ... . . .. . . .. .. .. * . .. .. .. . .. . ~ .... .. .. . . . . . .. .. . .. .. . .. . .. . . . .. . . .. . . . .. . . . . . . .. .. . . . .. . . .. . .. . Mooring field would be asset to Key West I'm a nationally published sailing writer and the co-author of two cruising guides to l.he Florida Keys. I have been to Key \1\Test many times and have ahvays delighted in the offbeat lifestyle one finds there. However, from what I have been able to discern. it ;.>eems as if Key 'Nest and Monroe County are at 11 fruniliar cross- roads, one that I witnessed again and again when I lived in Aspen a very long tim e ago. There is a proposal afoot by an orga- nizarion with money and vision to install a mooring field to the north of \!\listeria Island, aka Christmas Tree Island. I would posit: What's the problem with that? It could even provide order out of chaos, a worthy goal that not even Ollr nationally elected officials have managed. The \'ffi. cacy of a professionally installed mooring field has already been proven at Mard- than's Boot Key Harbor. The derelict boats that sank in Root Key l-Iarbor aJ e gone. The water is clean enough to ~wim in because no one discharges sewerage into it. The t1(jh arc back. Shore facilities for the field are first-rate, Pollution is no longer ,1 factor. Boot Key Harbor is now a proud-as- punch home to live-aboard marilwrs. If there is local resistance to a moor- ing Held near \1Visteria Island, then the NIMBY forces apparently do not care thM \IVisreria Island is currently littered with trash from unregulated outlaws who made it a dump. The NT!\' my people are apparently myopic enough not to recog:., nize the abandoned and sunken boats Letters to the eclitor llMt have fetched tIp in Wisteria [sland's c shallows. vVith a properly installed and $ managed mooring field, residents will get y regular sewerage pump-oLlt and a place r for their trash and garbage to be put in t proper receptacles. t \1\Tic;teria [sl,md could be ,1S huge an v asset to Key 'Nest as Boot Key Harbor has c dlrf'ady become to Marathon. Additionally, the mooring field will have a designated F ('[ree" areafor boals that prefer to anchor u on Their own. They won't get the services, but their frepdom vvill not be impinged one iota. Morgan Stinemetz Parri~h j . l Bring Buco back to the Key West Bight r t I feel that something is lost in the hcad- j. lines of the times. In a few short weeks, r if I understand it correctly, vVaterfront 0 1\ larket will cease its operation as a busi - a ness in Key \Nest. Is it true that as of f} June I5, the company that purchased a the name vVaterfront Market and leased a the property from the city of Key West for somewhere around 520,000 per month k \\ ill shutter its doors for good - after pay- <r ing .1lmost a million dollars to get out of Ii their se\'en-year leiFe? t r lmderstand the;mtiquated term Uhigh- c est and best u~e." It is wbat drove Buco v Pantelis from his ~llccessful business. ff . il Bueo would return, the city of Key West should be \viUing to renegotiate with him. e I think we should lease the Waterfront a IVlarket building to Buco Pantelis for $1 per year, for rhe next seven years. 1 he SOUTHWINDS NEWS & VIEWS FOR SOUTHERN SAILORS 6 Editorial: Hurricane Season Predictions By Steve Morrell 30 Boatwork: Rudder Design and Fabrication, Part" of" By Tom Kennedy ,,' i~; ':;'~~~~;:;i" ,,!SZ'3'2, ',~'!I\:~W~I :. :, '-,. . ',ll.\', '/a~'/.;':,I '., , ': ~J!:::.'~;', {:., ;: '. !'.,..'. ....fii:. ai' .. . -', >-~j~~~t'l< 'i .1 ~I"':.. i ',. .. 9 letters You Wouldn't Believe 12 Shorty'S love lost Eternally By Morgan Stinemetz 14 Southern Regional Monthly Weather and Water Temperatures 15 Short Tacks: Sailing News and Events Around the South 22 US SAILING level 1 Small Boat Instructor Course By Jabbo Gordon :' :..: 24 Our Waterways: Sarasota Mooring Field: SNAFU 28 Carolina Sailing: Sailing Business _ Real Recovery or Seasonal Spark? By Dan Dickison The Lightning. Photo by 8ill Clausen. Page 38. 38 Small Boat Review: The Lightning By Dave Ellis 40 Opportunity Docks: Free Berths Offer More Than a Cheap Place to Tie Up By Cyndi Perkins 44 Boatowner's Boat Review: Tayana 42 By Nelson DeCamp 46 Cooking Onboard: Sailing on Bean Power By Robbie Johnson 48 Southern Racing: News, Upcoming Races, Race Reports, Regional Race Calendars 70 How Beer Saved Our Lives By Brian Weeks !i Free Dockage. Photo by Cyndi Perkins. Page 40. COVER: 19 Southern Sailing Schools Section 27 Marinas Page 33 Marine Marketplace 58 Boat Brokerage Section 63 Classifieds 68 Alphabetical Index of Advertisers 69 Advertisers' list by Category A Nacra 18 sails in the Mug Race, the world's longest river race, on May 1. Page 53. Photo by Donna Mohr, 4 June 2010 SOUTHlI7NDS Each issue of SOUTHWlNDS (and back issues since 5/03) is available online at www.southwindsmaQazine.com WWW.sOUthwindsmagazine.com -:- OUR WATERWAYS Sarasota Mooring Field: SNAFU By Harmon Heed Although the contract to construct the mool'ing field in Sarasota Bay was let over a year ago (April 23.2009), there is still not one ball to hook 00[0 and no work has been conducted or allowed since October 14 of last year. It took the- city six months to determinl:' that rhe 50-day project could not be completed as contracted and another six months to determine why nor. On May 3. Sarasota eity Attorney Robert Fournier released his comprehensive and detailed report, and it was made public that evening at a regularly scheduled city com- missioner's meeting, The report was made through consul- tation with three outside, independent engineers. It spread the blame all around but primarily on eoastal Engineering Consultants (CEC) , the- tllm the city hired to engineer the project In 2004. CEC's original contl'act was for SI55,868. After six amendments it ballooned to $323,94 I. How much did It cost to compile this latest 33-page report? The report concluded that. "CEC did nor conduct an adequate Investigation of the bay substrate." Michael PolT, CEe's VP for Engineering, responded that. "The contract is boiler plate and says bidders must do the substrate investi- gation." Mark Kincaid, eEe's project engineer, added. "To (941) 575.3000 www.fishville.com ..,~ ~mg · 111 Slip Marina · 33 Shops & 5 Reslaurants · Wi.Fi & Cable TV · Tennis. Bikes. Dayroom · Healed Pool. Gas Grills . Ships Store. laundry · Live Aboards & Long Term Dockage i · Transients & Boal Clubs Welcome · ValvTect Fuel, Pump Outs · Dinghy & Courtesy Docks 24 June 2010 SOUTHW1NDS do the proper testing would cost much more than the cost of the installation." ' The report concluded that, 'There is no way to deter- mine what type of anchor will work without first knowing the holding power of the substrate soils. "Yet CEC solely recommended a helical type of anchor, and the city made that a requirement in the contract. When the contractor. Millmac eorp.. ran into trouble drilling in the helices, its president Mike Miller, wrote to the cHy's project engineer, Rick Winters, ~ It is not an equipment or process issue. It is a geologic issue. The rock and clay in some locadons Is impenetrable," According to Stephen Wilbur, P.E., a stlUC- rural engineer with Stirling & Wilbur Engineering, ". ..there is rock under the entire site. The helical is not designed for use in rock." Gary Schmidt, PE.. a geotechnical engineer \"ith Arclaman & Associates. Inc, agrees. ., Rock covers the entire mooring field, You can't advance helices into rock. The report concluded that CEe vetted the contractor MilImac and recommended it be awarded the contract. In a letter of recommendation signed by Poff on Feb. 24, 2009, the letter stated, ..,..it is ollr opinion that Lheir plant and equip- ment should have sufTicient capacity to construct this project. Sf. PETERSBURG · CLEARWATER BEACH Flagship Sailing & Cruising Club Unlimited days of sailing for $250 a month (plus tax) · No additional costs · No dock fees, maintenance or insurance costs. . Bayfield 25, Catalina 27s, Catalina 30 .. .' ~ rI' _. .:a ... \ 1 '-"-"!u'b ritJ:~~ ~ ~ ..~' ,_ "J"-::-:._ ~~".J 1 ..:-:. I :.~... ,._..... _. . . ,.: <"~""!i:'.;j:'.iJ J - ~ - ..... if;J" I .~~i:;i;,~r~~..~~--- >-. -'~.,..~ ~--..-..., _;'_""," (,' :--..:,-i :;i.i'~ji..;;J!WI .. ...~':?-~~~~~ '~f"._ ~~::.... ...... ."'!ft't'-~.'~,~!.3f'...!': www.southwindsmagazine.com ,.. ...-. .... ~!~~~2f~'~~~~o~t,i ., However. on Oct. 8, 2009, well after Millmac was kicked off the job. Poff wrote the City. "... that the plant, equipment and personnel used by Millmac cannot complete the contract." The report concluded the city must take a share of the blame. By requiring the use 01" helical screw anchors III its "Invitation to Bid." the city entitled the responding COlltrac. tors to assume those anchors would work. They did not. and, according to Foumier, the contractor had little or no leeway in choosing another anchor system to finish the proj- ect. Also, a red flag should have gone up in the city's pur- chasing division when it saw the wide disparity In the bids. The highest bid was almost three times as much. and Ihe average bid was 43 percent higher than Millmac's low bid. At the commission meeting, after an hour and a half of listening to testimony and answers by Cily Attorney Fournier, the three unassociated engineers. finger pointing and answers by CEC and Mlllmac. Vice Mayor Atkins rubbed his head and forlornly asked, "How did we get into such a mess? Wasn't anyone checking what they were responsible for?" Kristy Tignor. P.E. of The Tignor Group, P.A., seemed 10 have an answer, and it was more blame for CEe. According to Krlsty. CEC's project engineer was, accorcUng to contract. "Charged with approving the methodology, the installation and the material related to this system. During the con- struction, the project engineer was to make visits to the site to observe the progress and quality of the work." It is not positively certain that Kristy was referring to the CEC or city project engineer. Why wasn't this the responsibility of a city engineer? According to the city manager, Robert Bartolotta. the city did not have a qualified oceanographic engineer-the posi. tion was done away with four years ago-and the city had to rely on CEe for engineering expertise. When asked for costs of continuing or ending the proj- ect. Bartolotta said that will take some time to determine. "There are liabilities on both sides." The complete total costs to the city so far-including internal hours spent by the city attorney and engineer-asked for by two commis- sioners and the public. have either not been determined or released to the public. Some figure the amount to be over News & Views for Southern Sailors The anchorage i/1 Sarasota where the mooring field is planned. Will the mooring field ever be built? What will the final cost be? Photo by Steve Morrell. S 1,000.000. The grants received amount to only $650,000. Either way. It's all public money. Where does this all go from here? Probably to the courts where the lawyers will drain more of the cily's money before construction begins again. If it begins again, Fournier said he will have more recommendations "when we return in a few weeks.. He provided three options with three addi- tional recommendations to the commissioners, but none of them Included stopping the prolonged and costly project. Vice Mayor Atkins asked. "Will this work or can we pay our way out of It?" Perhaps the best tn come out of this FUBAR is a warn- ing to other cities that are contemplating installing a moor- Ing field. They should expect: 1. The i1nliC"ipated consuilation fees to at least double. 2, The anticipated time for constmction to at least double. 3. If they have any rock or clay in their bay, the substrate investigation to cost more than the construction. 4. If they don't have oceanic or geotechnical engineers on their staff, beware. And perhaps they should be beware of what they want. They just might get it and have to pay dearly for It. Illinois Set to Pass a Law Requiring Mandatory Life Jackets for Solo Boaters As of press time. it was still unIu10\\TI If Illinois was going to pass a law requiring lite jackets be worn by solo occupants of all ages 24/7 on all boats under 26 feet. The law would afTect 96 percent of the boats In the state. BoatUS, which supports only voluntary wearing of life jackets For adults, has been urg- ing Illinois citizens to Ie! their legislators know how they feel about this law. The bill had already passed the state Senate and was headed to the house for a full vote. The law had two exceptions: One for those on a -sail- board" (Windsurfer) and another for the "sole occupant" of a boat who was intermittently fishing and moving his boat using his engine. BoatUS believes the latter exception will lead to many enforcement challenges. NOW STOCKING SAILING SUPPLIES Harken, Lewmar, Ronstan, Samson & Others SorlTHI~7NDS June 2010 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. -2010 AN ORDINANCE BY THE MONROE J~6~TY BOARD OF COUNTY COMMiSSIONERS APPROVING THE REQUEST BY F.KB. 'CORP., TO ,t,~ AMEND THE FUTURE LAND USE': MAP ~~UM) DESIGNATION FROM UNDESIGNATED ;":'!TO MIXED USE COMMERCIAL (MC) FOR PROPERq'Y; , DESCRIBED AS WISTERIA ISLAND"& ADJACENT'.: BAY BOTTOM, HAVING REAL ESTATE NUMBER 00123950-000000; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE SECRETARY OF STATE AND THE DEPARTMENT OF COMMUNITY AFFAIRS;,,:~:'AND PROVIDING. FOR AN EFFECTIVE DATE. "('-, ..... WHEREAS, the Monroe County Planning Commission held a public workshop on May 26, 2010 in Marathon, Florida; and a Public hearing on June 9, 2010 in Marathon, Florida; which hearing was continued to June 10, 2010 in Key West, Florida; which hearing was then continued to June 23, 2010 in Marathon, Florida; at which time the Planning Commission recommended approval to the Monroe County Board of County Commissioners to transmit the proposed amendment to the Florida Department of Community Affairs; and WHEREAS, the Monroe County Board of County Commissioners (BOCC) voted to transmit the proposed amendment to the Florida Department of Community Affairs on July 21,2010; and law: WHEREAS, the BOCC makes the following findings of fact and conclusions of 1. The existing unincorporated area to be amended presently contains approximately 22 acres of undeveloped upland offshore spoil area known as Wisteria Island, which is located within Key West Harbor, approximately 500 feet northeast of Sunset Island. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. The affected property presently has no adopted Future Land Use Map (FLUM) category . 3. The proposed Mixed Use - Commercial (MC) FLUM category will allow 1-6 units or 5-15 rooms per acre (Allocated Density), 6-18 or 10-25 rooms per buildable acre (Maximum New Density), and a Maximum Intensity of 0.10-0.40 (Floor Area Ratio). 4. The Proposed Mixed Use - Commercial; (MC) FLUM d~iegory is subject to a proposed Sub Area Policy that restricts developmel!!:" on Wisteria Island to 35 market rate units, 35 transient units (85 rooms m,aXiniUm~, 39,500 square feet of non-residential use, with a 100j: slip mooring field~ .,~ It" l;~.' :.. 5. All required facilities and services necessary to accommodate;,<~e impacts of development within the affected property must be available prior';to:P1e'issuance of a building permit or certificate of occupanc~. \ , ' 6. The proposed amendment will not affect the exist!pg or future land use character of Monroe County. "', 7. The proposed amendment IS internally consistent with the Monroe County Comprehensive Plan. 8. The proposed amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: Section 1. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, for the property described as Wisteria Island & adjacent bay bottom (0R385-897- 898), having Real Estate Number 000123950-000000, be amended from Undesignated to Mixed Use - Commercial (MC). Section 2. The proposed Mixed Use - Commercial (MC) Future Land Use Map Designation is to only be effective upon the adoption of a Sub Area Policy for Wisteria Island that limits densities and intensities of upland development, and contingent upon the approval of an offshore mooring field. Section 3. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 2 1 2 Section 5. This ordinance shall be transmitted to the Planning Department to the Department 3 of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. 4 5 Section 6. This ordinance shall be filed in the Office of the Secretary of the State of Florida 6 but shall not become effective until a notice is issued by the Department of Community Affairs 7 or Administrative Commission finding the amendment in compliance with Chapter 163, Florida 8 Statutes. 9 10 11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 12 County, Florida, at a special meeting held on the _ day of A.D., 2010. 13 14 Mayor Sylvia Murphy 15 Mayor Pro Tern Heather Carruthers 16 Commissioner Kim Wigington 17 Commissioner Mario Di Gennaro 18 Commissioner George Neugent 19 20 BOARD OF COUNTY COMMISSIONERS OF 21 MONROE COUNTY, FLORIDA 22 23 BY 24 25 26 27 (SEAL) 28 29 ATTEST: DANNY L. KOLHAGE, CLERK 30 31 32 33 DEPUTY CLERK 34 35 36 37 Mayor Sylvia Murphy 3 I Exhibit 1 to Ordinance# -2010 I , '- '. \ ) I ./ i / / / ; / ,- / / / I ,/ ,/1' / / I ('-.,-, ; ""-. "~" "'-'" ',- ~'........ ......,... ---------\ ,--- \ I, \ The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change for RE 00123950-000000 from Undesignated to Mixed Use/Commerical (MC) N A File#: 2010-043 Owner's Name: n/a Agent: Mitch Harvey, Comp Plan Mgr. IYPe of A0)lication: Text Amendment to Comp Plan Goal 1 07 Sub Area Policy 101.1.1 Key: Wisteria Island Sub Area RE#: 00123950-000000 Additional Information added to File 2010-007 End of Additional File 2010-007 --- ..- i !~FP\:\!U~ -:A8 ,~ '~? TRANSMITTAL LETTER moz - 6 ~d~ , aa^l:d.J3M " " PROJECT: ~ t.tS, COe:Y TOo ('1\(. j\\\-\.v~ ~o.V'IIQ.y . ~(). Co. +>br\l:"'~ AnN. PRO]ECTNO: c'tl ~ DATE: f'\CJ los /10 -V-t, I o Acknowledge receipt of enclosures, WE TRANSMIT: OlLherewith 0 under separate cover via o in accordance \vith your request FOR YOUR: o approval t>t: ~ & conunent tJ use THE_F9P-OWING: ~~\pplication " 0 Development Analysis o Change Order o distribution to parties [] record o information o o Records CJ Regulations -L~ Submitted by: an- 402 Appelrouth Lane. Key West, FL 33040. 305-293-8983 ph. 305-293-8748 fx e owen@owentrepaniarcom 04/01/10 'TREPAN'lER Mr. Mitch Harvey, AICP, Comprehensive Planning Manager Monroe County Planning Department 2798 Overseas Highway Marathon, FL 33050 .,. Re: Comprehensive Plan Amendment Sub Area Policy 107.1.1 Wisteria (RE No. 00123950-000000) Dear Mitch: &,\SSOCIATES lNC (A,ND USE PLt"N!\.iING f H~vftOpr~FNT t.:'ON...!lJt fA!' TS Wisteria is a blighted, disturbed, man-made, spoil island created in the late 1800's as a dumping ground for abandoned vessels and dredging material. Notwithstanding the owners' attempts to the contrary, the property has continued to selVe primarily as an illegal maritime dumping ground. The property is also regularly used for the related upland activities associated with the surrounding illegally moored vessels; including dumping, bottom cleaning, bottom painting, fiberglass repairs and fabrication, dog walking, camping, etc, Squatters have long inhabited the property contributing to an extensive history of criminal activity. The 2002 County study on Keys-Wide Mooring identified Wisteria and its surrounds as the "largest and most problematic anchorage in the Keys" and found that "this enormous anchorage grounds is truly out of hand. The area is in dire need of management and enforcement of regulations. . The problems identified by the County in 2002 came as no surprise to the property owners who are currently proposing the development of a publiC access, managed mooring field in this location. FWC invited Monroe County to participate in the Mooring Field Pilot Program and the Wisteria Island mooring field would be developed in conjunction with the program. During the preparatory process it was discovered Wisteria has no future land use designation. The lack of designation on Wisteria, apparently an oversight, is inconsistent with Chapter 163, F.S., and Chapter 9J-5, FAC., which require all lands within the bounds of a local government jurisdiction to be designated with a future land use on the comprehensive plan's Future Land Use Map (UFLUMU). , i i us NIVII il ReHrve'"", GelTlson Blght l .. ~ ~.oir-. -;#' " ...'~.-. ',", _ .!-..o:""' s....., ~oy <I. :;. ~ \ ~, Slglbee PI~ HAS Key Well ,,;'... t\~.ft- ~" ttl @ Key west f rfiI# "... Key Wesl ~ ~ '}"." ~. , ,,' Sn ' tI..c Kly Well Inl1 Alrpon TNfT14n Annex ~~~-~---"_.----'-"-.._~---::l - ~~~. ~ ,...~ ~ 10) .\ pre I co ~ t h L, n e . P, 0 B 0\ 2 I 55 . Key We, t, FL. .I 3 0 45 21 55 Ph 0 n c "I) 5 2 ') 3 119 83 . F. x 3 fi 5 29 J II 7 4 8 . Em 3 11 (h,- e" (<1) () wen T r cpa n Ie r Ul m April 2, 2010 Page 2 of2 An application for Mixed Use-Commercial ("MC") FLUM designation for Wisteria was filed with Monroe County on November 25th, 2009. MC is an appropriate designation based on the district's purpose and intent, the environmental characteristics of the property, the environmental characteristics of the surrounding area, and the mixed use character and compatibility of the surrounding land uses and FLUM designations. While the MC designation is the most appropriate designation for Wisteria, the maximum densities and intensities permitted under MC may be inappropriate for the Island's unique characteristics. An effective strategy to limit inappropriate uses, densities, and intensities of a land designation is to implement a Sub Area Policy. Sub Area Policies ("SAPs") are regulatory strategies for appropriately limiting the maximum development potential allowed by a future land use category on parcels, or small areas, when supported by data and analysis. This following proposed SAP amendment requires the development of a public access mooring field with associated upland facilities prior to occupancy of any other upland development on Wisteria, as well further restricting permitted uses, densities, and intensities. The SAP also elevates all development not associated with the pUblic access mooring field to the level of a Conditional Use review. As you will see from the attached application, the proposed Comprehensive Plan Amendment is appropriate and compatible with, yet significantly less intense than, the surrounding land uses. Thank you for your assistance. Please do not hesitate to call if you have any questions or need any additional information. PROPOSED SUB-AREA POLICY 3.1 Sub-Areas GOAL 107 Monroe County shall regulate develooment of scarified and filled oortions of parcels containing environmentally sensitive areas. by the enactment of area-specific regulations that allow development to occur subiect to limitations and conditions designed to protect natural resources. OBJECTIVE 107.1: SUB-AREA POLICIES. Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan through Future Land Use Element Sub-Area Policies Applicable to a Specific GeolZraphic Area These sub-area policies identify parcels ofland that require narrowlv-tailored regulation in order to limit development potential to an area or extent less than the maximum density and intensity allowed by the future land use category. The development parameters established for each sub-area shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific sub-area limitations. Pollcv 107.1.1 Specific Limitations on the disturbed spoil island. Wisteria The Future Land Use Map designation on the subiect property (Wisteria Island. Monroe County Property Appraiser Alternate Kev Number 1158089), totaling approximately 20 upland acres. shall be Mixed Use Commercial ("MC"). For pU1J>oses of the upland development allowed by this sub-area policy. Wisteria shall not be deemed to be an offshore island. and shall not be deemed to be Tier I. Tier II. Tier III. or Tier III-A. Wisteria shall be limited to being a receiver site for residential transferable development rights ("TDRs") and residential transferable ROGO exemptions ("TREs") only. and is not allowed to compete in ROGO for market-rate allocations, Accordinglv. development within the limits established bv this Policy shall be deemed development not affecting rate of growth. In addition to meeting the requirements of all applicable goals. obiectives. and policies of the Comprehensive Plan. development on Wisteria shall further the intent of Goals 10 I. 202. 203. 205. and 212 by improving near shore water Quality. reducing impacts on the marine environment. and enhancing: and protecting the Quality of Monroe County's upland native habitat by: · Authorizing shore-side infrastructure to serve a public-access managed mooring field in adjacent waters in order to eliminate the unmanaged mooring of vessels: · Ensuring no increase in the number of residential or transient units allowed county-wide to avoid anv effect on hurricane evacuation clearance times. To accomplish this the use ofTREs is required for all market-rate residential and transient residential dwellinlZs on Wisteria and permitting the transfer of TREs from Tier I. Tier II. Tier III. and Tier III-A lands to Wisteria: · Encouraging reductions in density and the preservation of Monroe County's native habitat by restricting Wisteria's allocated residential density and bv permitting the transfer ofTDRs from all parcels with native habitat to Wisteria: · Reducing residential and commercial impacts on the marine environment through caps on density and intensity: · Counteracting the source and spread of invasive exotic species through an island-wide invasive exotic control program; and · Reducing impacts on near-shore water Quality. seagrass beds. and hard bottom communities by encouraging communal dockage facilities and prohibiting individual single family docks. Therefore. development on Wisteria is hereby limited as follows: 1. Mooring field-related development: A public access mooring field shall be developed as of right in adjacent waters following approval by the Board of Trustees of the Internal Improvement Trust Fund with the following associated upland amenities/ facilities allowed on Wisteria Island prior to the issuance of a certificate of occupancy for any other upland development on Wisteria: a. Fixed and mobile boat holding tank pump-out services. Such services shall be provided to boats using the public access mooring field at all times the public access mooring field is in operation: b. Docks (not to exceed a water taxi dock. a service vessel dock. and a dinghv dock and 45 wet slips with no dry storage) and dockside utilities: c. Harbor master building: d. Ships/ sundry store: e. Pool. bar. restaurant: and f. Water taxi service to Key West. 2. All development of the upland portion of Wisteria (other than the mooring field amenities/facilities listed above and allowed as of right) shall be subject to conditional use review and approval. Individual uses shall be further limited to the following densities. and intensities. and uses: a. Single-family residential dwellings shall not exceed 35. with all required TDRs and TREs to be transferred on site: b. Affordable / workforce residential dwellings shall not exceed 5: c. Transient residential units shall not exceed 35. with all reauired TREs to be transferred on site. and the total number of bedrooms shall not exceed 85: d. Nonresidential floor area shall not exceed 39.500 SQ. ft. (including mooring field- related floor area), e. Commercial recreational uses to serve as supoort and amenities for a public access mooring field in adjacent waters: f. Accessory uses: g. Public Uses. 3. Prior to the issuance of a certificate of occupancy for any non-mooring field related upland development. invasive exotic vegetation shall be removed from the upland area subiect to development and re-vegetated according to Monroe County Code. 4. Prior to the issuance of a certificate of occupancy for any non-mooring field related upland development. a hurricane preparedness plan for the island shall be prepared by the applicant. in compliance with Policv 216.1.8. In addition. the applicant shall cause to be recorded in the official records of Monroe County a covenant or other restriction on privatelv owned prooertv on the island providing that. in the event of a mandatory evacuation. all occupants of the island shall be evacuated bv orivate means. 5. Upland development shall not occur until all required State and local aporovals and permits have been issued to orovide Wisteria ootable water service and advanced wastewater service in sufficient quantity and caoacity to accommodate such development. No seotic tanks. oackage treatment olants. or wastewater treatment olants shall be located on Wisteria. 6. To the maximum extent practicable all develooment shall be designed to avoid and minimize impacts to the Western mangrove wetland area. Any wetland imoacts occurring on Wisteria Island shall be offset bv mitigation on Wisteria Island or in the adiacent waters. in an amount required by Federal and State or other applicable permitting requirements. Only pile-supported structures will be allowed in the wetland area located on the Southern end of the island. 7. Upon the final approval of docks and dockside utilities identified in Policy 107 .l.l.l.b (of which 35 are for use bv the owners or occupants of the upland units. and which shall not constitute or authorize a marina). a perpetual proorietary conservation easement prohibiting the installation of other single family docks on Wisteria Island shall be granted to the Board of Trustees of the Internal Improvement Trust Fund and recorded in the Monroe County public records. The foregoing soecific orovisions governing the Sub-Area prevail over any conflicting general orovisions of Monroe County LDRs and Comprehensive Plan; allocated density limitations in this sub-area policv shall not be considered as allocated density limitations with regard to transferable develooment rights Sec.130-60( a)(7). APPUCA nON MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT IifP;C~."V] I l\lf>l,;;) .&1 - 7f118 I \ I'~. l' 71 1.-- i I I r.: \ t'y, If- I I,!~- '. , , "'!:"~'~,';-~' .,~. ~:;." ... ~ .l \. ,~ . - - ' - ' . {I.~' '...-." ~ Request for a Text Amendment to the MolU'Oe County Land Development Regulations or the Monroe County Comprehensive PIaD . ....... '..~....~ .. - . ,. ..__ ,II. ....... ..... ~ ., . ,~.. , ... - ,................ ~.....-.. .............~...., y~ .....~... '" "~, ~.... AD applieadoD must be deemed complete aDd ID compJiaDce witb the Monroe Couaty Code by tbe Staff prior to tbe item befDg scbeduled for review Amendment to the Land Development Regulations Only Application Fee: S5,041.00 Amendment to the Comprehensive Plan Only Application Fee: $5,531.00 Amendment to the Land Development Regulations and Comprehensive Plan Application Fee: $6.000.00 In addition to the above application fees. lhe follawtngfees also apply to each application: Advertising Costs: $245.00 Date of Submittal: 03 Month / 31 Day I 10 Year Applieant: F.E.B. Corp. - A Florida Corporation Name C/o Trepanier & Associates, Inc. P.O. Box 2155, Key West, FL 33041-2155 Mailing Address (Street, eity, Slate, Zip Code) 305-293-8983 Daytime Phone Owen@owentrepanier.com Email Address Seetioa(s) OfLaDd Developmeat Regulatioas to be Ameaded (if applicable): Not Applicable PoUey(s) orComprebeaswe PIaD to be Ameaded (if applicable): New Policy 107.1.1 Please provide aD analysis as to how the proposed 8meadmeat is coasisteat wttb tbe applicable provisioas or tbe Laud Development Regulations, Comprebeasive Piau aad tbe Principles for Guiding Developmeut (or tbe Florida Keys (attach additional sheets if necessary): The proposed eomprehensive Plan Amendment (a Sub-Area Policy ("SAP"))is a consistent with the Principles for Guiding Development and the applicable provisions ofthe eomprehensive Plan as demonstrated by the foIlowing analysis: The Principles for Guiding Development are a set of State Mandated principals with which comprehensive plans must be consistent. The Principles are a result of the 1986 Florida Keys Protection Act. which designated the Florida Keys and Monroe eounty as an Area of Critical State eoncern (HAeSe"). The Principles are intended to ensure all Comprehensive Plans in Monroe eounty remain consistent with the goals of the Florida Kevs Protection Act. The Principles are spelled out on F.S. 380.0552 ill - CONTINUED ON NEXT PAGE Page 1 otJ Lt~[ I-l: evjl,uj 02/2009 Consistency with the Principles for Guiding Development and applicable Comprehensive Plan Policies - CONTINUED FROM PREVIOUS PAGE Principle (a): To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. Consistencv: Principle (a) seeks to strengthen the capacity of Monroe eounty to etfectivelv mange land use in a sustainable manner that will allow the eventual de-designation of the eountv as an Aese but maintain the eounty's abilitv to effectively manage land use. To these ends. DeA Rule 9i-5 reQuires all land have a future land use desimation. This rule strives to ensure that local government has the capacity to manage land use. Currently. Wisteria has no future land use thus placing the eountv in conflict with Rule 9i-5. The proposed designation together with this amendment brine:s Wisteria into compliance and strene:thens the County's capacitv to effectivelv and continually manage Wisteria's land use. Principle (b) To protect shoreline and marine resources, including mangroves. coral reef formations. seagrass beds, wetlarids. fish and wildlife. and their habitat. Consistencv: Princiole (b) seeks to Drotect marine native habitat. The proposed amendment improves near shore water quality and reduces impacts on the marine environment bv: · Managing the mooring of vessels throue:h the creation of a managed mooriOlZ field with adequate shore-side infrastructure: · Reducinl!: residential and commercial impacts on the marine environment through density and intensity limitations: · Reducing residential and commercial impacts on the marine environment through residential dockage limitations: and · Requiring anv necessarv environmental mitil!:ation to occur onsite or in adiacent waters. The amendment accomplishes the above-mentioned environmental goals specifically bv: 1. MANAGED MOORING - The amendment reQuires the development of a public access. managed mooring field. "A public access mooring field shall be developed as of right in adiacent waters following approval bv the Board of Trustees of the Internal Improvement Trust Fund with the followimz associated upland amenities! facilities allowed on Wisteria Island prior to the issuance of a certificate of occupancv for any other upland development on Wisteria" The Managed mooring field reQuirement contained within the amendment is an effective and suitable Drotective mechanism for the shoreline and marine resources. s:oraI reef formations. seagrass beds, fish and their habitat. Wisteria. like much of the eountv has experienced a dramatic increase in the need to manage the illegal mooring of vessels and the resulting marine resource degradation. The dramatic need is evidenced bv recent actions of both Monroe eountv and the State of Florida. The Kevs-Wide Mooring field Svstem studv prepared bv the Monroe eountv Department of Marine Resources. dated Julv 30th, 2002. identified Wisteria and the surrounding area as the "largest and most problematic anchorage in the Keys". and with an anchorage population of between 250-400 boats this "enormous anchorage grounds is trulv out ofhand". Wisteria is soecifically identified as a high Priori tv area. The studv also identifies Wisteria itself as a feasible location for facilitating the manal!:ement of. and oroviding upland facilities servicing. a mooring field. Principle (c) The State offlorida also recentlv identified the need to encoura!!:e the manaeement of moored vessels and the Mooring field Pilot Program legislation specificaIlv identifies Monroe eountv as one of the locations of need. The Board of eountv eonunissioners subsequentlv acted to participate in the proeram and received a presentation from the US fish & Wildlife on 12110/09. The proposed SAP furthers the solutions proposed bv both the County and State for overcoming the chaIlenl!es resulting from unmanaged moorin!!: of vessels. The principal feature of the SAP is a requirement for the development of a public access. managed. moorinlZ field in Wisteria's adiacent waters with the associated upland facilities foIlowine: approval bv the Board of Trustees of the Internal Improvement Trust fund and the reouisite State and federal ree:ulatorv aeencies. prior to occupancy of anv other upland development on Wisteria. 2. DENSITY & INTENSITY LiMITATIONS - The amendment places caps the densities and intensities of uses on Wisteria therebv limiting potential marine impacts of such uses. The amendment wiII onlv allow less than that which is pennitted under Mixed Use ("MU") zonine:. and then onlv under the elevated scrutinv of the conditional use review and approval process. The density and intensitv caps imposed bv the amendment result in the foIlowine: reductions in development potential: Use Pot. Density! Intensity Pot. Density/ Intensity % without Limitation w/Amendment Limitation Reduction Residential 576 units 40 93.1% Transient 400 bedrooms 35 (< 85 bedrooms) 78.8% Non-Residential 392,000 sq. ft. 39 500 89.9% The amendment's proposed density and intensity reductions sienificantlv reduce respective imoacts on the marine environment throu2h an average density-intensity reduction of 86%. To protect upland resources, tropical biological communities. freshwater wetlands, native tropical vegetation (for example. hardwood hammocks alld pinelands). dune ridges and beacher, wildlife. and their habitat. eonsistencv: Principle (c) seeks to protect upland native habitat. The proposed amendment effectuates this principle through: · EncouralZine: the preservation of Tier 1 and Tier II lands county-wide bv requirinlZ the use of residential transferable development rights: · eounteracting the source and soread of invasive exotic species through an island-wide invasive exotic control program: Preservin2 and protecting the man2fove wetland communi tv (area "An) located on Wisteria: and · Reauirine: anv necessarv environmental mitilZation to occur onsite or in adiacent waters. The amendment accomplishes the above-mentioned environmental 20als specificallv by: I. PROTECTING UPLAND HABITAT - The amendment furthers the intent and goals of Principle (c) by encouraeing native upland habitat preservation and density reductions through the use of transferable residential development ri2hts ("TDRs") and transferable residential ROGO-exemptions ("TREs"). The use of TDRs and TREs accomplishes three goals: I. provides a minimal as-of- right land use. 2. requires residential or transient residential development to transfer Principle (d) Principle (e) existina ROGO-exemot units without increasing the number of units within the eounty: and 3. in order to achieve maximum net density. native habitat. or Tier I. or Tier IT lands will need to be dedicated to conservation per the TDR Ordinance (Mee Sec. 130- I 60), The TDR and TRE reauirements of the SAP will result in native habitat lands being dedicated to conservation. The potential number of acres reQuired for dedication depends on the zonina of the lands dedicated: for instance. ifIands zoned Mainland Native are dedicated for the TDRs 2.900 acres would be required to realize the SAP's maximum net densitv. However. if lands zoned Suburban Commercial were used 9.7 acres would be reQuired. We are unable to oredict the exact amount of land that will be conserved as a result of the TDR orocess however. the SAP insures that 35 units of density will be retired on lands containina valuable habitat. and that habitat will be dedicated for conservation. 2. INVASIVE EXOTIC REMOVAL - The amendment furthers the intent and goals of Princiole (cl bv reauirinl! invasive exotic removal and reolantinl! according to eode for any area ofuoland develooment orior to the issuance of anv non-moorim! field- related certificate of occupancy. 3. WETLAND PROTECTION AND ENHANCEMENT - The amendment reQuires the orotection and enhancement of the mangrove wetland area "An identified in the Habitat Assessment. The amendment requires "(t]o the maximum extent oracticable all development shall be desil!ned to avoid and minimize impacts to the Western man€!rove wetland area. Anv wetland impacts occurring on Wisteria Island shall be offset bv mitiaation on Wisteria Island or in the adiacent waters. in an amount required by Federal and State or other applicable pennittina reQuirements. Onlv pile-sup-ported structures will be allowed in the wetland area located on the Southern end of the island." To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. eonsistencv: Princiole (d) seeks sound economic development strategies. The proposed amendment furthers the goals of this principle through mixed use practices and encourages the creation of small scale. maritime-oriented. mixed use commercial. specificallv servicinl!: the moorimI field and the limited potential upland development. This type of mixed use develooment is specificaIlv encouraged in the F.S. 163 and Rule 9i-5. Additionallv. the amendment encourages the use of transferable transient ROGO exemotions (UTREs"). The use ofTREs encourages the redevelopment of under-utilized transient establishments into modern. state ofthe industrv establishments. therebv rebuilding the economic infrastructure of the local tourism and maritime industry. The rebuilding of industry infrastructure has. not onlv. a stabilizing effect on local emplovment rates. but often increases employment ooportunities. To limit the adverse impacts of development on the quality of water throughout the Florida Keys. eonsistencv: Principle (e) seeks to limit adverse impacts on water Quality. The proposed amendment furthers this l!:oaI in several wavs: · Prohibiting septic tanks. package plants. and wastewater treatment olants on Wisteria: · Requiring the dockside and mobile pumn out services in coni unction with the public access managed mooring field: and · Enhancing. preserving. and protecting the western mangrove wetland. I. WASTE WATER TREATMENT - The amendment prohibits seotic tanks. packal!:e and wastewater treatment plants on Wisteria. The SAP reQuires "ruloland development shall not occur until all reQuired State and local aporovals and oennits have been Principle (f) Principle (g) Principle (h) issued to provide Wisteria potable water service and advanced wastewater service in sufficient quantity and capacity to accommodate such development. No sePtic tanks. packalle treatment plants. or wastewater treatment plants shall be located on Wisteria." 2. DOCKSIDE AND MOBILE PUMP OUT SERVICE - The amendment reouires "Fixed and mobile boat holding tank pump-out services. Such services shall be provided to boats usin2 the public access mooring field at all times the public access mooring field is in ooeration." 3. WETLAND ENHANCEMENT. PRESERVATION AND PROTECTION - As mentioned above (Principle c) the amendment requires the enhancement. preservation and protection and of the Western maneroye wetland area identified in the Habitat Assessment. Such wetland-oriented actions reduce impacts on water quality. To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. Consistencv: Principle (f) seeks ensure and enhance the compatibilitv of development with the scenic. aesthetic and historic character of the kevs. The proposed amendment furthers the principle's goal bv its limiting uses. and densities and intensities of uses of the mixed use future land use desi2l1ation. The mixed use designation is aopropriate and compatible with the historic and existing character of the surroundilllZ uses and land use desie:nations. The mooring field requirements enhance the scenic and aesthetic resources bv cleaning UP the illee:al derelict and abandoned vessels that create such bli2ht in area. Finallv the amendment encourages maritime and waterfront mixed uses on a small. appropriate and suitable scale - a mix or uses that the POrt has historicallv maintained. To protect the historical heritage of the Florida Keys. Consistencv: Principle (g) seeks to protect the historical heritage of the Keys. The amendment furthers this protections bv encoUragin2 historicalIv svmpathetic development. The Keys has a maritime heritage: the amendment not onlv encourages maritime-related development. it requires it. AdditionalIv the amendment encourall:es the creation of maritime and tourist infrastructure: two important historical sectors ofKevs heritasze. To protect the value. efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments. including: I. The Florida Keys Aqueduct and water supply facilities; eonsistencv: As demonstrated bv the attached Concurrencv Analysis. the proposed amendment will not adverselv affect the Florida Kevs Aqueduct and water supply facilities. There is sufficient capacity to accommodate the potential impacts as a result of the amendment. The amendment also prohibits upland development until such time that all State and local pennits have been issued to provide Wisteria with potable water. 2. Sewage collection and disposal facilities; eonsistency: As demonstrated bv the attached Concurrency Analvsis. the proposed amendment will not adverselv affect the existine: sewage collection and disposal facilities. There is sufficient capacity to accommodate the potential impacts as a result of the amendment. The amendment also prohibits upland development until such time that all State and local permits have been issued to provide advanced wastewater treatment. 3. Solid waste collection and disposal facilities; eonsistencv: As demonstrated bv the attached eoncurrencv Analysis. the proposed amendment will not adverse Iv affect the existilllz solid waste collection and disposal facilities. There is sufficient capacity to accommodate the potential impacts as a result of the amendment. 4. Key West Naval Air Station and other militalY facilities; Principle (i) Principle (j) Consistencv: The proposed amendment has no adverse impacts on the Key West Naval Air Station or other military facilities. However. there is an existinlZ problem ofumnanalZed moored vessels in close proximity to Flemin!!: Kev. The amendment's requirement for the establishment ofa public access mana2ed mooring field will create a viable. legal option for the relocation of these vessels awav from the Navv Base. therebv furtherin!!: the !!:oal of this principle. 5. Transportation facilities; eonsistencv: The oroposed amendment has several positive impacts on the transoortation facilities associated with Wisteria. its surrounds. and the port. The moorin!!: field increases the maritime transportation infrastructure and the required water taxi service will encoura2e a reduction in din!!:hy traffic across Key West Harbor. 6. Federal parks. wildlife refuges. and marine sanctuaries. eonsistencv: The proposed amendment has sienificant beneficial impacts for Federal parks, wildlife refu!!:es. and marine sanctuaries. Wisteria is within the National Marine Sanctuary. adiacent to the Kev West National Wildlife Refu2e and the Great White Heron National Wildlife Refu!!:e. The amendment will have direct beneficial impacts to: · Near shore water Quality: · Marine resources and hard & soft bottom habitat: · Upland native habitat: · Wetland enhancement. preservation. and orotection: · Elimination of umnanalZed moorinlZ: and · Exotic invasive seed source eradication. 7. State parks. recreation facilities. aquatic preserves. and other publicly owned properties; Consistency: The proposed amendment has no nel!:ative impacts on State parks. recreation facilities. aquatic preserves. and other publiclv owned properties. The amendment does however increase public access to the water bv the required development of the public access manalZed moorin!!: field and its related amenities. 8. City electric service and the Florida Keys Electric Co-op; and eonsistencv: As demonstrated by the attached eoncurrencv Analvsis. the proposed amendment will not adverselv affect the existing electrical facilities. There is sufficient capacity to accommodate the potential impacts as a result of the amendment. 9. Other utilities. as appropriate. eonsistencv: The amendment will not adverselv affect other utilities. To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. Consistencv: There will be no adverse imoacts on public investments on the enviromnental resources of the Florida Kevs. It does however require substantial orivate investment that directlv benefits the Kev's natural resources. To make available adequate affordable housing for all sectors of the population of the Florida Keys. eonsistencv: The amendment permits the development of five affordable housing units on Wisteria. The creation of affordable housing on Wisteria has two positive impacts on affordable housing in the Florida Kevs: 1. Emplovees working on Wisteria have the opportunitv to reside on Wisteria. and thereby are not competiOl! for housine on other nearby islands: and 2. Livinll: and working in place cuts down on trip generation on the other nearbv islands. Principle (k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster andfor a post-disaster reconstruction plan. Consistencv: The amendment requires the development of a hurricane preparedness plan and a covenant to be recorded in the public records reauirinl! the island be evacuated by private means. Principle (I) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. eonsistency: As described above. the amendment has manv requirements that protect public health. safety. and welfare of the citizens of the Florida Kevs and maintain the Florida Kevs as a unique Florida resource. These include the development of maritime resources such as the public access. manalled moorin!! field. water taxi service. pump out service: improvements to near shore water Quality: and enhancement. oreservation and protection of upland habitats incIudin!! wetlands. COMPREHNSIVE PLAN ANALYSIS A eomprehensive Plan is the written policv of the community's goals and aspirations in tenns of communi tv development. Monroe eounty adopted its existing Comprehensive Plan in 1993 with several amendments and revisions since that time. The Monroe eounty eomprehensive Plan is currentlv undergoinl! comprehensive review and revision. This Amendment creates a new Obiective and a new Goal for Sub-Areas. implemented bv a Policy specific to the Wisteria Sub-Area. Notwithstanding that the provisions of this new Sub-Area Policv would prevail over prior. less specific Policies. an analvsis of current Policies. as well as existing Goals and Obiectives of the 2010 eomo Plan. has been conducted to determine consistencv of the new Objective. Goal and Policv with provisions of the existing Plan. All existing Goals. Objectives and Policies were reviewed for consistencv with the Amendment. Special attention was given to Goal 209 and Obiective 202.2. as well as to Policies applicable to various tyoes of islands. Goal 209 Monroe County shall discourage private land uses on its mainland, Offshore Islands and undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. eonsistencv: Wisteria is a predominantlv scarified fill island abutting a commercial port. It is not designated Offshore Island. nor does it share the characteristics of an Offshore Island as contemplated by the eomprehensive Plan. Wisteria is not a coastal barrier (eOBRA) island or conservation land. It has no undisturbed saltmarsh or buttonwood wetlands. and constitutes a primarv invasive exotic seed source. Notwithstandinl! the inaplllicabilitv of this Goal to Wisteria. the Amendment makes specific orovisions for conservation and orotection of wetlands and other natural resources on or adjacent to Wisteria. and requires eradication of invasive exotics. consistent with the general Durooses of the Goal and other provisions of the eomorehensive Plan. Objective 209.2 Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida Bay, Hawk Channel, and other waters within the legal boundaries of Monroe County. Consistency: Wisteria is an island "in the waters within the legal boundaries of Monroe County". Accordinglv. the Amendment is consistent with Objective 209.2. which requires Monroe County to regulate land use activities on all islands within its legal boundaries. The Amendment accomplishes this Objective. and fulfills the mandate of Rule 9J-5 that ail lands be given a future land use desilmation. bv providing a FLUM designation that Wisteria currentlv lacks. Policy 101.12.4 Requires ana(ysis prior to extending significant public infrastructure (25% expansion) into Tier I, except water and sewer. eonsistency: Wisteria is not designated Tier], nor does this scarified fiIl island, predominantly vegetated with invasive species, meet the criteria for Tier 1 designation.' The Amendment assures consistency with this Policy by specifying that Wisteria is not designated Tier 1. Policies 102.7.2, 102.7.3,207.1.2,207.9.1,215.2.3,217.4.2,1401.2.2, and 101.12.4, which aoplv to islands having a FLUM designation of Offshore Island. that are designated as units of the Coastal Barrier Resources System ("COBRA"). or are established bird rookeries. were considered but found inapplicable to the Amendment. Wisteria is a predominantly scarified fill island in a port harbor; it is not designated Offshore Island. nor does it share the characteristics of an Offshore Island as contemolated bv the Comprehensive Plan. Wisteria is not a documented or established bird rookery. nor has it been designated as a COBRA unit. I Based on 2009 Environmental_-\ssessment by Consulting Engineering and Science, Inc. APPLlCA TION Amendments may be proposed by the Board of County Commissioners. the Planning Commission, the Director of Planning, owner or other person having a contractual interest in property to be affected by a proposed amendment The BOCC may eoasider the adoptioo 01 aD ordlaance eoaetial the proposed chaage based oa ODe or more of sis (6) factors. Please describe how oae or more 01 the loUowflll facton shall be met (attacb additional sheets if necessary): 1) Chaoged projectJollt (e.g., regardlag publle service needs) from those 00 wbleb tbe test or bouadary was based: The projections upon which the existing plan and map were based have changed due to the following: I. the recognition that this privately owned land within the eounty's only federally recognized deep water Port and urban area has no fLUM designation: 2. the lack of a FLUM designation is in direct conflict with the County's Comprehensive Plan and Rule 9i-5. requiring all lands to have a future land use designation: 3. the eounty's 2002 Keys-Wide MoorinK field System Study identified Wisteria as the apparent "largest and most problematic anchorage in... - CONTINUED ON NEXT PAGE %) Chaaged lIS8umptloDl (e.g., regarding demographic treads): ASSUmptions have changed regarding demographic trends pursuant to MCC Sec. 102-158(d)(5)(2). The eounty has experienced a dramatic need to manage the illegal mooring of vessels as evidenced by both eounty and State actions. The Keys-Wide Mooring field System study prepared by the Monroe County De,partment of Marine Resources. dated July 30th. 2002 identified Wisteria and the surrounding area as the "largest and most problematic anchoral1e in the Keys". and with an anchorage population of between 250-400 boats this - CONTINUED ON NEXT PAGE 3) Data errors, fDCludlDg errors ia mappiag, vegetative types aad natural features described ia volume 1 of tbe piau: A mapping error occurred when the current FLUM ma.ps were created. As depicted in the attached FLUM map for this area. Wisteria is the only property in unincoJ;porated Monroe County missing a fLUM designation on map panel 8. It is clearly an oversight considering all other land on this panel is FLUM'd with various designations. Even the very "insignificant" public lands and mangrove islands located far from US I contain various FLUM designations. but this significant piece of privately owned land adiacent to and within very intense area... - CONTINUED ON NEXT PAGE 4) New issues: In the 2002 Keys-Wide Mooring field System Study. Monroe eounty identified a growing problem around Wisteria. The study identified Wisteria as the apparent "largest and most problematic anchorage in the Keys" and found that "this enormous anchorage grounds is truly out of hand. The area is in dire need of management and enforcement of regulations." Wisteria was specifically identified as an upland location to service a managed. public access moorina field. ... - CONTINUED ON NEXT PAGE 5) R~aDitioD of a Deed for addltioaal detail or comprehensiveness: There was an obvious need for additional detail and comprehensiveness on the existing FLUM Panel No.8 based on the fact that this significant piece of privately owned land was overlooked in the last mapping process. Additionally the lack ofa suitable designation is in inconsistent with the eomp Plan. ehapter 163 and Rule 9i-5 requiring all lands to be designated with a suitable and compatible future land use, The adoption of the FLUM designation and the Sub Area Policy will satisfY the current need for additional detail or comprehensiveness 6) Data updates: As mentioned above. the fact that this property ha~o FLUM designation reQJJires a data update to the existing FLUM Panel No.8. The proposed sub area policy is an ap.propriate regulatory strategy for limiting t~m.a1YlnUm development potential allowed by a future land use cate~ory on Wisteria as supported by the data and analysis. This amendment requires the development of a public access mooring field with associated upland facilities prior to occupancy of any other upland development on Wisteria. as well further restricting permitted uses. densities. and intensities. The amendment also elevates all development not associated with the public access mooring field to the level of a eonditional Use review. Page 1 ofJ Last Revi'led 02/2009 1) Changed Assumptions Regarding Demographic Needs Pursuant to MCC Sec. l02-158(d)(5)(2) - eONTINUED ... the Keys": 4. without a FLUM. a properly developed public access. managed. mooring field cannot be permitted: 5. the prooosed Sub Area Policv is an approoriate. comoatible. and suitable rellulatory strategv for limiting the maximum development ootential allowed by a future land use category on parcels. or small areas. when supported bv data and analvsis. This amendment reouires the development of a oublic access mooring field with associated upland facilities prior to occupancy of anv other uoland develooment on Wisteria. as well further restricting oermitted uses. densities. and intensities. This amendment also elevates all develooment not associated with the oublic access mooring field to the leyel of a Conditional Use review. 2) Changed Assumptions Regarding Demographic Needs Pursuant to MCC Sec. l02-158(d)(5)(2) - eONTlNUED .. . "enormous anchorage grounds is trulv out of hand". Wisteria is specifically identified as a high orioritv area. The studv also identifies Wisteria itselfas a feasible location for faciIitatilll! the management of. and providing uoland facilities servicing. a mooring field. The State of Florida also recentlv identified the need to encourage the establishment of additional mooring fields and the legislation soecifically listed Monroe County as one of the locations of need. The Board of eounty eommissioners then acted to oarticipate in the orogram and received a presentation from the US Fish & Wildlife on 12/10/09. Without a FLUM designation the needed mooring field can not be develooed. We propose a FLUM ofMC to allow the development of the mooring field. With an attendant zoning classification of Mixed Use ("MU"). we would anticioate the develooment of a mooring field to be aooroved as a maior conditional use. 3) Data Errors Including errors In Mapping, vegetative types and natural features - eONTINUED ... was neglected to be FLUM'd. With regard to vegetative tyoes and natural features. Wisteria is a blighted. disturbed spoil island with no environmentally sensitive upland habitat tvoes targeted or defined bv the tier svstem. 4) New Issues - eONTINUED '" The oroblems identified bv the County in 2002 came as no surprise to the property owners who are currently proposing the development of a public access. managed mooring field in this location. FWC invited Monroe County to participate in the Mooring Field Pilot Program and the Wisteria Island mooring field would be developed in coni unction with the proe:ram. During the oreparatorv process it was discovered Wisteria has no future land use desie:nation. The lack of desie:nation on Wisteria. aptlarentlv an oversie:ht. is inconsistent with the Monroe County eomprehensive Plan. ehaoter 163. F.S.. and ehaoter 9J-5. F.A.C.. which reQuire all lands within the bounds of a local government iurisdiction to be desie:nated with a future land use on the comprehensive plan's Future Land Use Man ("FLUM"). An application for Mixed Use-Commercial ("MC") FLUM desilmation for Wisteria was filed with Monroe eounty on November 25th. 2009. MC is an appropriate designation based on the district's purpose and intent. the environmental characteristics of the orooerty. the environmental characteristics of the surroundinll area. and the mixed use character and comoatibility of the surrounding land uses and FLUM desilUlations. While the Me designation is the most aoorooriate designation for Wisteria. the maximum densities and intensities permitted under MC mav be inapprooriate for the Island's uniQue characteristics. An effective stratelZV to limit inaooropriate uses. densities. and intensities of a land desie:nation is to imolement a Sub Area Policv, Sub Area Policies ("SAPs") are relZUlatory strategies for aoorooriatelv limiting the maximum development ootential allowed bv a future land use category on parcels. or small areas. when suooorted bv data and analvsis. This orooosed SAP reouires the development of a public access mooring field with associated uoland facilities orior to occuoancv of any other upland development on Wisteria. as well further restricting permitted uses. densities. and intensities. The SAP also elevates all develooment not associated with the public access mooring field to the level of a Conditional Use review. Additionallv. the subiect parcel has been associated with an urbanized deeo water oort since it was created in association with the oort in the late 1800's. The adiacent oroperty was converted from military land use designation to a mixed use designation in 1993. Thus. the closest oroperty to the subiect property has also undergone a significant change in actual land use and land use desilmation creating a significant new issues pursuant to MCe Sec. 102-158(d)(5)(4). APPLlCA nON In no event shaD aD. amendment be approved which wiD result in aD advene community than,e of tbe planning area In which tbe proposed development is located. Please describe how the text amendment would not result In aD. adverse community eonge (attach additional sheets if necessary): The prQposed Mixed Use-eommercial ("Me") FLUM desisnation of Wisteria is an appropriate designation based on the district's pUI:Pose and intent. the environmental characteristics of the property. the environID&!1f.!!.lli..aracteristics of the surrounding area. and the mi2\.ed use character and compatibility of the surrounding land uses and FLUM designations. The proposed Sub Area Policy ("SAP") limits density. and intensity. and uses of Me to insure compatibility with Wisteria's unique attributes and characteristics. ... - CONTINUED ON NEXT PAGE Has a previous appUeation been submitted for tbfs amendment witbin the past two years? Yes _ No ~ All oftbe follong must be sllbmitted In order to have a complete application submlual: (Please check as you attach each required item to the application) [E] Complete teD amendment appDcation (unaltered and unbound); r&l Correct fee (check or money order to Monroe County Planning & Environmental Resources); IXI Copy of Complete Existidg Section and/or Existing Policy to be Amended or Deleted; m::J Copy of Complete Proposed Sectloo aod/or Proposed Policy to be Amended or Added If applicable, the lollowlog must be submitted In order to bave a complete application submittal: (g] IX] Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) oCtile subject property) Aay Letters of Understanding pertaJaJag to tbe proposed text amendment If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional infonnaUon. I certifY tJ1at I am fami liar with the infonnation contained in this application. and that to the best of my knowledge such in~ adon is true, complete and accurate. Date: 'i,. g - I '0 Sigaature 01 Applicant: Sworn before me this \ day of ~ ~ \ 2.. ,~{)j Notary Public My Commission Expires Please send the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. Page 3 0(3 Lasl Revised 02/21)09 Please describe how the text amendment would not result in an adverse community change - CONTINUED FROM PREVIOUS PAGE ,'. The proposed FLUM designation of Wisteria is Me. MC is an appropriate designation based on the district's puroose and intent. the environmental characteristics of the property and its surrounds!, The character and compatibility of the surrounding land uses and FLUM designations are also mixed use2, Notwithstanding the MC designation comoatibility with regard to puroose and intent. some zoning categories within Me permit high levels of densitv and intensity. The proiect team considered Wisteria's characteristics. the surrounding area. and the goals of both the oropertv owner and the eounty's eomprehensive Plan. coordinated State and Countv planners. and concluded a SAP that further limits and regulates Wisteria's develooment under MC is aporooriate. SAPs are regulatory strategies for appropriatelv limiting the maximum development potential allowed bv a future land use category on parcels or with in small areas when supported bv data and analvsis. SAPs have been previously reviewed and approved bv the Florida Department of Community Affairs) ("DCA"). The proiect team soul!ht counsel from Monroe County and DeA planners for appropriate SAP examples and implementation strategies. A draft SAP was produced based on data and analvsis4 and submitted to the eounty for consideration on 02/12/10. The SAP achieves several key goals of both the Monroe County and the State of Florida: . Improving near shore water quality: . Reducing impacts on the marine environment: · Enhancing and protecting the qualitv of Monroe eounty's upland native habitat: and · Insuring no increase in residential or transient densities. which negative Iv affect hurricane evacuation bv: o Managing the mooring of vessels through the creation of a managed mooring field with adeauate shore- side infrastructure: o Reducing residential and commercial impacts on the marine environment through density and intensitv restrictions: o eounteracting the source and spread of invasive exotic species through an island-wide invasive exotic control program: and o Encouraging the preservation of Tier I and Tier II lands county-wide bv restricting Wisteria's allocated residential density and bv permitting the transfer of development rights to Wisteria: and o Requiring the transfer of ROGO-exempt equivalent dwelling units to Wisteria. Manal!ed Moorlnl! Analysis "A public access moorimz field shall be developed as of right in adiacent waters following approval by the Board of Trustees of the Internal Improvement Trust Fund with the following associated uoland amenities! facilities allowed on Wisteria Island prior to the issuance of a certificate of occupancv for anv other uoland development on Wisteria" The SAP addresses two of the maior environmental issues facinlZ Monroe Countv - near shore water pollution and sea grass delZradation resulting from unmanaged moorinlZ of vessels. Monroe County has experienced a dramatic increase in the need to manage the illegal mooring of vessels as evidenced bv both eountv and State actions. The Keys-Wide Mooril1lz Field Svstem studv prepared bv the Monroe County Deoartment of Marine Resources. dated Julv 30th. 2002 identified Wisteria and the surrounding area as the "largest and most oroblematic anchorat;!e in the Keys", and with an anchorage population of between 250-400 boats this "enormous anchorage grounds is trulv out of hand", Wisteria is specifically identified as a high prioritv area. The study also identifies Wisteria itself as a feasible location for facilitating the management of. and providing upland facilities servicing. a mooring field. The State of Florida also recentlv identified the need to encourage the management of moored vessels and the Mooring Field Pilot Program legislation specifically identifies Monroe County as one of the locations of need. The Board !,If I As laid out in the FLUM Desil!l1ation Narrative submItted as Dart of the FLUM desi2tlatIon aoolication filed with Monroe County Growth Manal!ement on 1125/09 , IbId and Port and Waterfront Use Comoatlbility Analvsis bv Treoamer & Associates. 2008 , See Lake County Comorehensive Plan, Obiective 1-1,6 , Based on the Environmental Assessment by Consulting Engineering and Science. Inc., 2009: Port and Waterfront Use Comoatibility Analysis by Trcoanicr & Associates. 2008: Keys- Wide Mooring FIeld System Preliminary Planninl! Document by Monroe County Deoartment of Marine Resources ~ eounty Commissioners subsequentlv acted to participate in the program and received a presentation from the US Fish & Wildlife on 12/10r09. The proposed SAP embraces the solution proposed bv both the County and State for overcomin~ the challenges resulting from unmanaged mooring of vessels The principal feature of the SAP is this requirement for the development ofa public access managed mooring field in Wisteria's adiacent waters with the associated upland facilities followimz approval bv the Board of Trustees of the Internal Improvement Trust Fund and the requisite State and Federal relZUlatorv agencies. prior to occupancv of any other upland development on Wisteria. Countv-wide Native Unland Preservation and Densltv Reductions The SAP furthers the intent and l!oals of the Comprehensive Plan bv encoural!ing native upland habitat preservation and density reductions through the use of transferable development rights ("TDRs") and transferable ROGO-exemptions ("TREs"), Allocated density limitations in the SAP reduce the as of right density of Wisteria to I residential unit per I 0 acres. This accomplishes three I!oals; I, provides a minimal as-of-ril!:ht land use therebv reducinl!: potential takinl!:s claims. 2. requires residential or transient residential development to transfer existing ROGa-exempt units without increasinl! the number of units within the eounty affectin2 hurricane evacuation: and 3. in order to achieve the maximum net density of 2 units per acre. native habitat. or TIER I. or TIER II lands will need to be dedicated to conservation per the TDR Ordinance. MCC Sec. 130-160. The requirement for TREs insures that any residential or transient residential development resultinl!: from the FLUM desil!nation will require the re-use of existing ROGO-exempt units and not place any additional burden on hurricane evacuation or the existing ROGO allocation system. The requirement for TORs insures that the residential development resulting from the FLUM designation does not result in a density increase within Monroe Countv. and at the same time furtherinl! the goals of the comprehensive plan to preserve valuable habitat through the conservation land dedicated mentioned above and further discussed below. The TDR and TRE requirements of the SAP will result in native habitat lands being dedicated to conservation. The potential number of acres required for dedication depends on the zoning of the lands dedicated: for instance. if lands zoned Mainland Native are dedicated for the TDRs 2.900 acres would be required to realize the SAP's maximum net density of2 units oer acre. However. ifIands zoned Suburban Commercial were used 9.7 acres would be required. We are unable to oredict the exact amount of land that will be conserved as a result of the TDR process however. the SAP insures that 35 units of density will be retired on lands containing valuable habitat. and that habitat will be dedicated for conservation. Permitted Uses and Rel!ulatorv Review Analvsls The SAP also limits the uses permitted under the Me FLUM designation. Allowable uses have been further limited to encourage compatibility with Wisteria's unique attributes and characteristics, Those same characteristics that make Wisteria unique also lend themselves to a hil!her level ofrelZUlatorv review and consideration, As a result. the SAP elevates all non-moorin2 field-related upland development to conditional use status for nurposes of the Monroe eounty eode. The SAP nermits onlv the followinsz uses. and as described below. in sil!nificantly reduced levels5: . Public Access Mooring field with associated upland facilities (as described above): · A maximum of 35 market-rate sinl!le-familv residential dwelIinl!s. with all required TDRs and TREs to be transferred on site: . A maximum of 5 emplovee residential dwellings: · A maximum of 35 transient residential units6. with all required TREs to be transferred on site: · Nonresidential floor area not to exceed 39.500 so, ft. and further limited to low and medium intensity uses: S See MC. MU & SAP Maximum Density - Intensity Comoarison chart below , For the ournoses of densitv & ROGO MCC Sec. 101-1 treats each bedroom - bath combinatIOn as a sinl!le room/unit. The transient residential units enVIsioned will be a mix of 2 & 3 bedroom units, All necessary ROGO allocations WIll be aDo lied as reauired bv the above code section as well as all pertment Comorehensive Plan Policies and Land Development Re~lations. · eommercial recreational uses to serve as support and amenities for a public access mooring field in adiacent waters: · The SAP restricts dockage bv requiring a communal facilitv to accommodate (45-sIip maximum in association with the mooring field and the upland units). however such dockage does not constitute nor authorize a marina. 35 of the 45 slips are for use bv the owners or occupants of the upland units. the remaining slips are for use in association with the mooring field. . Accessory uses: and . Public Uses. Densltv - Intensltv Analvsis The SAP also caps the densities and intensities of uses on Wisteria. The SAP will onlv allow less than that which is pennitted under Mixed Use ("MUtt) zoning. and then onlv as a conditional use. This means that the density and intensity will be strictly capped and on Iv those uses appropriate for Wisteria shall be pennitted. and the approval of which shall require the elevated scrutinv of the conditional use review orocess. The densities and intensities of the Me. MU and the draft SAP are compared below. Immediatelv apparent is the simificant reduction imposed bv the SAP. For instance. an Me designation could allow approximatelv 524 single family market rate and affordable housing units on Wisteria. however. the SAP limits such density to a total of about 40 units. At the same time. the SAP prohibits high intensitv nonresidential floor area and reduces the maximum nonresidential floor area from 356.760 sq. ft. to 39.500 so. ft. - an 89% reduction. The following table analyzes the maximum densities and intensities of the unregulated Me FLUM designation. the MC zoning classification. and the proposed SAP. Maximum Density - Intensity Comparison Site Size -792,792 sq. ft. Mixed Use Commercial FLUM Milled Use Zoning Sub Area Policy Open Space (~20%) Residential Allocated 6 unitsl acre 109 units I units! acre 18.2 units Density Residential Max Net 35 units total Density 18 units! acre 262 units 12 units! acre 174.7 units Affordable Density (Max. 18 units! acre 262 units 18 unitsl acre 262.1 units 5 units Net) Transient Allocated Density 15 units! acre 273 units 10 units! acre 182.0 units 35 transient residential units. Transient Max Net 25 units! acre 364 units 15 units! acre 218.4 units ~ 85 bed-bath combinations Density. Low Intensity Commercial 0,45 FAR 356.756 sq. ft. 0.35 FAR 277.477 sq. ft. 39,500 sq. ft. Retail The environmental characteristics of Wisteria and its environs as well as the adiacent land uses and FLUM desillnations demand diverse appropriate uses at individual Iv low intensity levels. The SAP accomplishes this goal bv allowinll onlv small amounts of individual uses therebv furthering the intent ofthe Me desilmation and ensuring continued comoatibility with the environment and the mixed use nature of the surrounding land uses and FLUM designations. as well as the preference for mixed use development under ehapter 163. F.S.. and Chapter 9J-5. F.A.C. When evaluatim! the effect of the SAP's overall intensity. it is imoortant to understand the cumulative effect of the individual pennitted uses. When we overlav the cumulative maximum densities and intensities capped bv the SAP onto the MC FLUM classification we see the SAP allows onlv 59.1 % of the maximum development potential of the Me FLUM classification. When we do the same for the MU zoning classification. we see the maximum development allowed under the SAP represents 97.7% of the MU development potential. The following table is a cumulative comparative analysis of the maximum development allowed under the SAP compared with the maximum development allowed under an MC FLUM designation. Cumuladve Intensity of SAP Compared to MC FLUM IntensIty MC Permitted SAP Pennitted %ofMC Dev. Potential Floor Area Ploor Area Low Intensity Commercial Retail 356,756 sq. ft, 39,500 sq. ft, 11.I% Subtotal 11.1% Density Me Units! Rooms SAP Units Permitted 0'0 of Me Dev. Potenl1al perm itted Transient Allocated Density 273 35 transient residentIal WlilS 31.1% < 85 bed-bath combinations Transient Max Net Density 364 0 0.0% Subtotal 31.1% Affordable Density (Allocated) I 18 0 0.0% Affordable Density (Max. Net) 262 5 1.9% Subtotal 1.9% I Residential Allocated Density 109 3 2,8% Residential Max Net Density 262 32 12.2% Subtotal 15.0% Total Development Capacity of SAP Compared to MC FLUM Designation 59.1% The above table is a comparative analvsis of the maximum development allowed under the SAP compared with the maximum development allowed under an Me FLUM desi2nation. The table demonstrates the maximum development potential of the SAP equals only 59.1% of the Me development potential. The following table is a cumulative comparative analvsis of the maximum development allowed under the SAP compared with the maximum development allowed under an MU zonine; classification. Cumuladve Intensity of SAP Compared to MU Zoning Classlficadon Intensity MU Permitted SAP Permitted Floor Area %ofMU Dev. PotentIal Floor Area Low Intensity Commercial Retail 277 ,4 77 sq. ft. 39,500 sq. ft. 14,2% Subtotal 14.2% Density MU Units or SAP Units or Rooms Permitted %ofMU Dev. Potential Rooms pennitted Transient Allocated Density 182 35 transient residential units 46.7% < 85 bed-bath combinations Transient Max Net Density 218 0 0,000/0 Subtotal 46.7% Affordable Density (Allocated) 18.2 0 o 00"-0 Affordable Density (Max. Net) 262 5 19% Subtotal 1.9% Residential Allocated Density 18.2 3 16,40,. Residential Max Net Density 174 32 18,4% Subtotal 34.8% rotal Development Capacity of SAP Compared to MU Zoning Classification 97.7% The above table is a comparative analvsis of the maximum development allowed under the SAP compared with the maximum development allowed under an MU zoning classification. The table demonstrates the maximum development potential of the SAP equals 97,7% of the MU development potential. Hurricane Evacuation In addition to the restrictions on uses and densities and intensities of use. the SAP requires the island to preoare a hurricane evacuation plan prior to issuance of a certificate of occuoancv for any non-moorinl!: field-related development on the uolands. The SAP also reauires the recordation in the eountv's oublic records of a covenant or other restriction on privately owned property on the island providinl!: that. in the event of a mandatorv evacuation. all occupants of the island shall be evacuated bv private means. Waste Water The SAP orohibits wastewater treatment olants and septic tanks on Wisteria at the request of Florida Deoartment of Environmental Protection ("DEpn) staff. Wisteria's close oroximity to the Kev West and the Great White Heron National Wildlife Refuges and the National Marine Sanctuarv makes the potential to build such svstems undesirable. esoeciallv considering the relative adiacencv of existinl!: advanced wastewater treatment infrastructure on Sunset Kev. Given the unique characteristics of Wisteria. connection to the Richard A. Hevman Environmental Pollution Control Facility. an advanced wastewater treatment svstem located on Fleminl!: Kev. orovides an over-arching public benefit to the County's near shore water auality and the people of Monroe eountv. Wetland Imoads To oreserve. protect and enhance wetland communities on Wisteria all development shall be desii!ned to avoid and minimize impacts wetlands to the maximum extent practical. Anv wetland impacts occurring on Wisteria Island shall be offset bv mitii!ation on Wisteria Island or in the adiacent waters. in an amount required bv Federal and State or other apolicable permittinlZ requirements. Additionallv. to allow the "bridl!:inlln or connecting of the uoland areas while minimizinll: wetland impacts. onlv pile-suooorted structures will be allowed in the mangrove wetland area "An located on the SW end of the island. Offshore island and tier system desil!:nation status The SAP clarifies that Wisteria is not an Offshore Island as contemolated by the Comprehensive Plan and the Land Development Rel!:ulations. This clarification is necessary because offshore islands are not defined in the Comprehensive Plan. Unlike any other island in the Countv's iurisdiction. Wisteria is a disturbed spoil island with the followinl!: set of unique characteristics: a. Within or adiacent to a deepwater commercial port designated in F.S. Sec. 403.02U9)(b): b. Has access to water at least four (4) feet below mean sea level at low tide: c. Generallv meetinll: the County's definition of disturbed lands: d. Located outside any eoastal Barrier Resource Area: and e. Located outside anv National Wildlife Refuge. Wisteria has no tier designation. nor does it meet the criteria. pUlJlose. or intent of the svstem. Wisteria is a bIil!.hted. disturbed spoil island with no environmentally sensitive upland habitat types targeted or defined bv the tier svstem.' It is located within an existing denselv developed deepwater. mixed use. commercial port and does not meet the criteria for tier I land acquisition or develooment right retirement for resource conservation. Wisteria shall onlv be a receiver site for TDRs and TREs and shall not be eliRible to compete in the ROGO allocation svstem for market-rate residential units. ? Based on the Environmental Assessment by ConsultinlZ EnlZineerin~ and Science Inc 2009' Port and Waterfront Use Comoatibility Analvsis by Treoamer & Associates. 2008; Kevs-Wide MoorinlZ Field System Preliminary Plannimt Document bv Monroe County Deoartment of Marine Resources. 2002' and "'Existiml Conditions Reoort" Bv Treoanier & Associates [nc 2010, Authorization Form I, ROGER M. BERNSTEIN Please Print Name of Director . Director, F .E.B. Corp - A Florida Corporation, authorize Trepanier & Associates, Inc. - A Florida Corporation, to be the representative for this Future Land Use Map Designation Application and act on F.E.B. Corps behalf with regard to this issue. i""---~ _/-------,.------- / ~ I <..-~---- ~ I I '"'' --If '), J '!; " L.--- q l, V j 1_--o~.A v-'" -=-. 5fgnaturepf Director - F.E.B. Corp Subscribed and sworn to (or affirmed) before me on ;:.Jvember 1, 2009 (date) by ROGER M. BERNSTEIN Please Print Name of Affiant He is personally known to me or has presented -,------ /<,. aSI~ntlrCatlon, ~~ Vi /U% ' /' )......> G /cV~"-,, ( /..12-.-. Notary's Signature and Seal) Y "OTARY PlBI.IC.ST.\TE OF FLORID,. ..',.....'.... Vania g. Salgar [Ad 1 Commission #DD873380 \."l Expires: APR. 09, 2013 aQ;:i:i~;;' 1; lW ,W1.\tl'f1tilOSDlNv CO. L"C. VANIA E. SALGAR Name of Acknowledger printed or stamped NOTARY PUBLIC 1'tle or Rank .b /) 87 32st.3c) Commission Number, if any \uthOl'lz~l.1on Forul.tloc Page 1 of 1 page 000020 .' . a;lfls 3Jnbl iI5T": "eN ;n, AIDClr..hf. ;>.C 171 ditt 01 .(f"'~"A"1 'JISTKfUA ISwn. no., ..~. 0, 19 r; 1. . . ('a' ""0110" ...I.,III/f II-Il,lr, ,,,,. 1.11." 01 ,"" S.o,.. 0' Plorld4 , h,u""1f II. p;Shc-lp'" I''''rr o( .M s,c/,. 01 Plorida "U,NII"" SII "IP eftU"'., of Monroe rutcI 'OIC'(lItly .u''',,,I,,~ '0 'IOIIH<' l>IUlttru lit Ill. Sto,,. cl FhulrJ.s, po~'" 0' ,,,.. fir.. pd". ..,..1 PZB COltPOHA'l'ION, Il '101'14. oorporatlon, 1526 '.1r<~r.in"H'!. .r'n., l~~ ~~B~ rl~Yl1H. CI ro'pNd.fPA ,.(111111/ unil", ,A. lAin oJ .,.. S'IlI. 0/ Plor1da I "'-1I;n6 ill ptlAtipol pilleI' oj butln"" In ,A, (~Ollll'r 0' Monroe and S,." 0' Florida, MIl kttflllly II/,ho,III'd .0 'flIIl*,' D'U""" III ,Il. S'OI. oJ ,1<<..,., pMI'1 ,,' tit.. .~ond poi" IVIT....ESSF.TII: TIad, /It, ..ill ,.,,,., oJ 'M ",., pall. lor N Itf ,muidl',.,inn 01 .",. IU," 01 TIN DOLLARS and other Sood and valuable eonalderatlons mma 'n I' I" bflnrl p"1d ~.'" ,II,. ..Id pol" o/,A, _rI per'" ,A" Hrrlpt Irhrrl'OI I. hrr.."y Mlc,,014.1Nl~rd. h., 1fM'f'ltl. hOlifa;nrd IUId ,aId 'a ,hI' IOld P""" a/.hr on-ond pi"', I" 'IIl'rruft'4 /lna fIHf~ for,.,.,.,.. ,A, 'oltoll-l"'1 drl.-:rlbrtllolld Ii'",,,.., ,-".nlt Md hrilf_ III ,A,. COUll', 01 Mouroo lIllA' 5'0/" oj rloriJc, r...nll A pa~~el ot Bay Bot.t~~ Land and Spoll AreA North~est or tho IslAnd of K07 W&ot, Florida. an4 more p~rt1oularly de8or1b.~ a8 tollo~.. Commono1ng at the Northwesterly end. of Slmonton 8tree~ at th~ lnterBeotlon or the South~GDteTl1 right-of-WAf 11"Q ot Simonton Streot ~n4 the watora Qf tho Bay or Plar14B. run North 6Go Vest for a d1utance of ~,150 reat, mo~e or le08, to the point of beglnnlns of thG property here1natttr 4~Gorlb'd. Proa IAld po1n~ or ~og1nnlnS, oont1nu. >>orth 600 West tor a d18~noe ot 1,000 feott thenoe run Korth JOo !aat tor & 41ntanGe ot 1,100 r~.tt thono. rYn Bouth 600 East tor ~ 41otanoe of 1.000 teet1 thonoe run douth )00 West tor. 41stanoe of 1,100 teet baok to the point ot btg1nA1ns. aub30at to oond~t1ons, r..trlo~lon', eaBGaGntl and 11m1tatlofte Clt'reoord, SUb3tGt to tax.. tor thl 18.1' 19c6 and 'Qb'e~u.nt years. Sub3.ot to a puroha.. .OD', mortsase. ~ \ I Sub3eot to tho.. oertaln reservation. unto tho Tru8teea of the Internal laprov"aent Pund .s reserved in deed tl1e4 tor reQor4 Maroh 15th, 19'6. 1ft Offioial Reoord Book S8. Pai~ ~4. Pllbllo BOGoru of KODZ'OI Count" 1'10J'14a i!'.;:~ ~.: i -~ .- ';.,.. t~ ,.." ,.'.:. ~ ~ .'- ~:. J ..- ~: pi :" ~:>' ."'", :':) "'I r- 1!Z ., i: ?1 :: ,"" :>.(') - n g:-1 -::> <:) !: <>> ;g p. , .." . """'" I I I I I I II II ..Itt" .'11;'''' ,It,. ,..../otl "'.1",. ,,/_11 ~~.. ~~ ': f ~ '.. ... .-. .... . " \ IInd IAr ,.ill "'/1 fJl ,Iar ~. "." Jgf'f /l,.,.11y ,..1I11."CrftIn' ,II,. 1111. 'e>.1J ....d.lIJ.d ,,-ill J../.-l ,ltf' page 000006 .' , '.,J I, t. , , \1::: ;." .~~~,~.... "'.,.1 ....... . ..... ~ ~ . ,I . i ..Ii '0' ...J... --c.. i ... ~ Il);'~' # :~.:I ; ? r~ (7. .. '" I,,;' ~ - .~:~\e;):~', a: ~-.J, ,: ':,"";";';,Y"-- :.- J .'/ ".-~J/"."'" 1.,.1 0- .....>:".- ""1 :"::=m~:~~J:'.' 'Il . . tGrpofll'/IJ" wubr ,111.1411" "f " !I I' II ;1 II ,I II J " ~ !' ~ 1 ). I 1: ~ I a II I~ f ! ilof, of J1Drtba. I '.S ~(, ~ dG'1 tit AJUan ALDO IIlIrI Sr("~'Iliy, 'A.. d4r Md :1 i c. ~/~ Prr,iJenl. ..' ..... ___.:51141) ".. "I;. Pua..t ~'f ~~ ""lIIUIO/f :;' flIlClJ/U .'lI.IIGl ....,... '.......... ,::'U 1(1. 11, 19U . w. ..t.....l~OA9. ~i1:. ~ , . '", \. .. ~ 11 ~ ~ .., ll:I ~ ... "I ~ s- ... . ... ~~ 6~ ::o~ ~~ 9.~ au:::: '" ~ .w ll:I~ ..~ ~ ~~ - . l..... - ./ "!'1 ,_~ r-...J "',. ~'" 1+ ~,~ ~ ~"~ l' n ;--. .~.f -l~ lq, ~ .. G- .- \I'IP I . ~i; ::\ ~ i; ~ ~ ,:c 'I t " ,,"" ..... page 000007 :\ I..l. .... ~li Vi ". o I", .... I. It',. ) ..... i' i- i ~... , . I: .'~ 1') .j.... Ir, .11. li~ " ~" - JJ I , I r ~ " , ~. . . - ~ . I. ~-526'A:( 432 1,1752 S~A~E or rtOR%~ BOA~ or TIIUS':'EES OF THJ: : h"TE1UIA1. lKl'IlOVl!:.'U:NT TRUST FUll!) DEED NO. 2461& 11915-44) c7 ~ ~ ;::. " , ;; , :z: KNOll o\LI. KD 8Y THESE l>RESDl1'S, That tha W1der~l~a& ~ the State ot rlor~da Board ot Tr~.te.a ot t~e Internal ~~n~ Truat Fund. under author~ty of law, for and 1n cona~d.ratt~ Jt ~ eo ~ ~ tho au:a ot FORTY om: TIlOUSAIlD HIKE IIVllDRED oe."!: Nfl) 60/100da I:) (S41,901.60) DOLU.JIS, to it In hand pud, "as 9rantocl. bu9d.lled and aold, and doe. by th..e preaent~ ~r.~t, barvaln, .011 and con- vey, unto P,E.&. CORPORATION of thO County of Monroe, ~tato of Ad4r... P.O. lOll 26'1. .., \I..c. Fl.. Florida. and Ita luccellorl, he1ra and ..a19n., tho tol1ovlnq d..crl~d landa. '0-W1t' A trlct of .~rqed land 1n the 8ay of rlorlda ln Townahip 61 South, Ran90 2~ Ea.t, lYln9 NOrthwest ~t the Ialand of Key Weat, Hoaroo COWlty, Flor,da; ~ln9 more partlcularly' de.crlbed a. tol10w. by m.ta. and bOund a , aald do.crlptlon con~.lnln9 coordlnate. and 9rid bearin9 b&aed upon the Standazd Plane Rectangular Coordinate syat.. tor the toat Zone ot rlorld.: .. ~ e I o s ~ I ~::11l ii!h~ 9 !f9~ - ~Q::i i i -3 , - ! ! C~oncing at ~he Northeaat corner of land d.acrlbed ln '1'.1 I.r. Peed ~o. 19974 and known ;0 'Wl.terla 1.1.nd', aald pnlnt .1so baln9 IX-2)l,226.04' and Y"'6,17',91'). thence from .ald POint o~ ACilnnlng, run North )0' DO' 00' &aat. 1,315 ~eot to a polnt 0: curve. aald polnt al.o belng IX-2l1,&13.SC' and Y-17,]!7.79'), thenca run Nortftarly &Ad NOrthveaterly alon, a curve, concave to the Southwest, (sa1d curv. hav~n, a Long Chord bearlng of North l3' 4.' 00' Wast, a c.ntral an91e of 55' 00' 00' and a rodiua ot ),310 Ceet) an ar~ dlatance of 3,171.38 teet to the end of aald curv~, .ald p01nt al.o beln9 IX-3)O,227.66' and Y-'9,'81.22'), thence run South 39' 23' OG' We.t, 1,98).4) feet to a polnt, sald polnt alao beln, (X.22'.9~_.61' and Y-8',)5).82'), ehench run South 62' 52' 00' West. '59.97 reet to a polnt. aald polnt alao beln, (X-328,510.36' and Y-88,144.04'): thence run South 21' D.' 00' &a.t, 200 teet to a point, .ald polnt alao be~ng (X"228,I51.41' and Y-87,9'I.OS'), thonQe r~n North 62' 52' 00' &alt, 700 t.et to a point of curve, s,ld polnt allo balng (X-229,314.4)' and Y..',2.~.29'1, thenQe frOD lald pOint of Qurve run Northea.terly ~d South- eaaterly along a curve, I.ald curve having a central an91. ot in' and. rad1u. of 400 feet) and arc diatanee of 628,)2 teet to the end ot aald curve, .01d polnt .100 boin9 (X-229,812.84' and Y-88,111.1S'), tnence run Soutb 27' 0.' 00' talt, 1.218.'7 teet to a polnt of curve, aald POint alao boln, IX"2)O,)68.72' &Ad Y-87,021,02')1 thance from a.ld polnt of curve run Southea.terly .nd southvaaterly along a curve, (.ald curve hav1nq a central an;l. ot 57' OS' uO' and a radlua of )64.05 feot) aD axc ~:.t&Dce ot l63.02 teot to the end of .ald =urve &nd tfta NOrthveaterly ccrn.r of land d~lcrlbed in .ald T,I,I.F. Deed No. 19914, .al~ polnt aloo ba1n9 IX"2l0,360.01' &nd Y"81.11'.97'" thence run South 6~' DO' 00' laat, alon9 the NOrtherly l1ne of aa14 land deacrlbed in f,I.1.r. Deed Mo. 1'914, a diatanea ot l,OOC tGOt b&ek ':.0 UIoI Polnt ot 8e91MUl;' 50011 I ~q~I'o I NO._ . (CONTlj WEO) - - ,.. I 19 page 000008 ---, -,~ ..- -....- . '.J (I':. )~it1 Zf'- ..;~-..: .~!{''': ~:'f~~. ,'<,.-,,'. " .;.t! ; -j . .. . . - . ~".t.- t" '. . ''-' -:to .. .'C' -, , \ ~ $~VI~C ~~ RE$ERVI~G unto tftO 5014 Stat. _or ido 8oar4 J ..'.-526,~ ~33 eO'"t&.n'~~ :<~.O~ acre. :ore or 1e... and lyln9 .nd beln9 Ln .ftO ~-J.z::.1' .- J Co~nLY o! Xonroe, In 'A~d St6~O 01 rio.1da. l 70 llAVE J.."=> .0 lIOL/) tho &!leve '1ranced and do.crlboc1 ,. . p(e~iG.. !orever. 0".'..:":". y' t~' ".t -;r~j a! Trustees of the Internal :~proYement Tru.t Fund and It. oucco.- lor., a~ undivided three-fourth. intero.t 1ft. and tltlo ln and to, an undiv~ded three-~ourth. intoro.t ln all ~~o Pfto.Ph.to, alnoral. and Mo.al. that aro or may bo in, on, or undor tbo .ald land and an undivid04 ono-half intore.t ln all tho petrolo~ that i. or may be ln, on, or under .a~4 land witb the privlleqe to .ino and devolop 1:he lame. t:: 'i'EST1110:''Y :'lIEREOr. tll. It&CIber. of tho Stoto of Florlda "t'.. " Board 01 .rustees of tho In.o~nal I~prov~ont Truet Fund havo hero~ un~o .~.cr.be4 tholr n~o. and havo rouood the otllcial ...1 ot .ald State of Flor<da 80ard of Tru.to.. of tftO lntorn.l Iaprovement :ruo. Fund to be horeunto affixed, ln tho City Of tallaha..oe. rloridQ, on tht. tho ~ day '" .,~.: . '.0.. ..". GOVE~~ ~t~(~...4\~ 'T ATE ,- (SEALl ST~T&,Or FLOR:OA .0AaC or T~US7tE5' or THE r:r.ZAAAJ. tMPIlOVEKIlKT ,7JlOS'l' ' ",KD . , . ....... ;- ,,.' ~~ .- .ll :<:. , O~:~!lE,nFY ~ A. SURTA1~ 1:48.Z0\~ '. ;...... ! . ~ ~s~ r . l"J \ ;.,'.: '/' ".) . Pi :.~ ~La~pP.' STP.I~ c;~ '.', \'_. ~l ~'.;~.E.t.!~..": <:'. - , !j" ,,::...u..'t;!.'l~;::., I ! e. o'} I ~I~~'= ~t"'~'~~ -\ =" r: ~i >" ! " ! As aDd Coaatltutin9 the STATE 01' noaIDA llQMI) or TllUSTEES 01' TIll IllTZllHAJ. UG'1OVDCZIft' TlU/ST i'II"NO 1475'1 1~-IIlC&lltWl -, ....... IAJI. L.~ . , ':;.r. tlJllll( \l -- pag2ffo9 ~AM . ti~ o-d 110. l4678 l (1915-44)50011 :\__...... I t\A.C1. {~J ~. -. 'LY.'J(. ~ <( N r" Cri o o~ r" 0 ~~ ~ ~r" >-r" = c: o ::J 0::0:: ~ <( ~ r" r" m 0) 0) 0 CO 0 ~~ r" r" r" r" .. iD ~1ii ::'::0 Q) Q) 1ii .~ c: - '-- U dl dl - - ~W "'0 '- ns () "'0 '- o (,) Q) a::: >- .- '- Q) a. o '- a. >- .- c: ::J o () Q) o '- c: o :iE o o o LO o a. ,... :3 0 (0 0 l$ "C c:; Ol J:; ~ ~ ~ ..,. C}I ,... '9 (0 C') 6 ..J 8 o-! o Z <( 8 Cl 6 c:: It) Ol 'iij Ol co :3 C') 0 0 N :JIl :r: o ~ Q) o T"" ::c >- IV Qi Q) "0 ~ ~ 0 (Q _ :t: a. <( <( c;) C') ~ It) LO ..,. N I ; o C') C') ..J LOU. LO a. "tl- lr: Nen 8 ~~ !Xl !Xl>- w Ow u. a.~ ~ GI ';; CII 0:: ~ Z c:: <Il .S! E.... OQ/llJ"C 5 co Z ~ 'c 0 :: iii - '0 Q) 0 ~ 8. ,~ (j) WUl:3~ U. .5 !Xl a. l/) o Z ~ i1 w 0:: o :r: en u. u. o c:i Z ~ i1 $ 0:: ~ en ~ c:i ~ i1 I I , i , i ~ GJ1 c: 'O! ~ 0::, 0 ! <( !Xl O! i I Ul Q) E llJ Z a: a: co ~ (3 CP: 0 ~ E !Xl Ul (Q, W <( z. u. co Ol co I ,... Ol co '^ co C') 0:: o :! I- !Xl ~ .., ~ 06 c:: 0 g ~ ,g- i1 ~ <( ~ iE w iii ~ .3~ ali ::Ii ~I _I ~l GI ::I iii il ~ OJ ~ ~ZZ~ U)~ 0 0 ~~~ ti:l ~ ~g8 CI'J ~ ~ g 8 8 -I, ..: ..: l' 0 0 - q q CII ~ o I ! ~I &!l <fe :r:oo g:;:; ~~~ !! ~ ~ c ~ .0 ::) N .... 'II: Ul <ll 000 Z Z Z ijoo 01 _I C:IO 0 ei U.i ; I ~'I: ~ g ..: ::)' g ~ I ~ ! o QI "0 <lli 0; Sl :ii c:::::e ::e ....J ~l ..- ..- N - o so: :g o o ori It) ~ w 0:: o u. ,... ~ r" iD Ol ltl a. ~ Z jjj I- en Z 0:: W !Xl :! w !Xl ~ ~ :; 9 Z 0 ....::.en o en 3 ~ ~ w ~~ I- en l/) I- :J ;;; ~ ~ U. !Xl Z t- O ~ o l- S ~ i1 ~ W i1 3 ~ o I- Z Z ~ 0 ~ fn o Z o g ~ ~ ~ o ~ ~ fn en i1 ~ ~ ~ N<(I- ~ iE (:l <( ~ Z cj ~ ~ ~ 3: 0 .... 0:: I- 0:: W <!) W 0 Z > z _ o w ~ o I- 0 Z w 9 ~ 3 l/) o - ~ :r: ?: ~ ~ U 0:: <!) w o :J :r: Ul u. w I-;" Q) 3: :r: so: Owl- en ~5~d. ~ ~ N i .~ c ~ ;! a.Zoo ~ ~ ~ ~ ~ <( N .... 0; o 0> 00 ....0 O~ NN ...!;:? RJ.... (J).... >- = c: o ::I 0::0:: .... .... 0; 0> 0>0 COO g~ l.()~ .... .... .... .... .. iU ~1V ~Cl (J) (J) 1V ,~ c:- ... 0 (J) (J) - - - - <(w M M ~ ~ "0 ... CO () "0 ... o (J (]J a:: >. - .... (]J a. o ... 0.. >. - c: ::J o () (]J o ... c: o :2 ~ <( ~ ~i ~ (t;! <0 ~I ~ ~ ~ l-! 01 10 ,<0 .0 M N ~ ~ ~ ~ ~ ~!~ It)~ <O.,~ <O.i~l~i~ 10 10 10,10 10110 ~ ~ ~'~;~ ~I~ ! 10 10 01 01 ~~ i ~j Z.Z'Z 'z z Z \"",[ en! I I wI , 000 oio 10iO 0 0 I I I I ~~ ~ i~ ~ 'y M. M.I<O. ..... .....110 ~I ~j~!~ II> Q) II> '" <( j _5 "" , ! ~I :i, I I ! j ! oj ,=: U- ::i ::I, CO I I 10 10 01 01 01'10 M. ~ ::} ;,.,. M -e- -e-.N 01 01 10'10 <01<0 . I . 10,10 MIM IN 'N 01101 ~~~ l4!l4 N N "t"00000 C' <1l' ...J' Ib II> (1J U 10 10 01 01 ~ ~ ~ m:~!~ ji~ ~ ~ <0 ~I~i~ ~ <0 <0 l4 ~ ~I~:~ l4 l4 N N NININ N N I I 10 I I I I I I ! I I 10 I ! , !o io!o OlIOlIOl!Ol,Ol:Ol 01 :g :gl:gi:g :g:g:g ,.0 ,.o!.o 11.0 '.0:.0 .0 ~'~i~ ~;~!~ ~ I I I ~ i I f I ! ! , I , ~ I'~ l~ 1m !m <0_ I~ I~ ,<0 <0 ~;~:~Il4 l4 NIN!N:N N I I I I ' I , 10 o!o 0 I i I ~;~ <0'<0 .0.0 M M N N i !O 010 \0 o 0 o 0 I , 01 10 <0 .0 M IN ! 01 Ol 10 10 <0 '<0 .0.0 M M N N 01 ,M'M :g';3;:;3; .0 r-:,,,,,: M,Ol 01 N <0 <0 j I lo!o 0 0 10 I ! ! ! ,;; I I I ' I 01101 01101;01101101101 01 ~1~1~1~.~I~I'~I~ :g ~,~ ~ ~i~ ~ ~I~ l4 NIN NINiN N N;N N , [ I I , i I II i I I I I I ; 1m 1m '01 '01 10 10110 10 '~i~ ~ <0 10;10110 .0 M'M/M,M N NIN'N I I I I 0'0 00 010:0 o:olOio,o 0:0,0 I I I ' I I 00 0 0'0 0'0;0,010 0 i ; I , I 10 I ! i M M ;3; ;3; r-: r-: 01 01 <0 <0 M 01 ;3; ~ r-:ri 01 M <0 <0 N - o N iU OJ RJ Q.. 0'0'01000 0'0 I ! I 01 M'M MiM M 01 :g ;3;, ;3; ;3;!;3; 1';Jj 'a; .0 r-: r-: r-: /1 r-: r-: ri M 01 01 01 01 01 M N <OJ<O <0 <0 <0 <0 I I I I ~I~ ~ 1<0_ 10 10 M'M N N '01 I' 01 10 10 <0 <0 '.0 '.0 1M M IN fN , I I , I I I ; , I ! ; I I ! , i '01 01 'M 'M M 1M '~ ,~ I~ 'II~ ll~ ~ 10 It)1r-- r--,r-- r-- M M'Ol:Ol!OlIOl ,N N :<0 : <0 1<0 j<O I ' i I oio 0 0 i I , 10 I I oio,OIO 0)0 ~ 01 01 01 01 01 01 01 01 01 01 01 01 Ol 01 01 01 01 01 01 01 M M ~ ffi :g :g :g :g :g :g :g :g :g :g :g :g :g :g :g :g :g :g :g :g ;3; ;Jj M ~;; l4l4l4l4l4l4l4l4l4l4l4l4l4l4l4l4l4l4l4l4sisisi ::I ~ ~ N N N N N N N N N N N N N N N N N N N N <0 <0 <0 ..., M 01 ;3; ~ si,~ 1<0 <0 I I i 10 0 I i I 000 M C') 01 ;3; ;Jj -a; r-:r-:", 01 01 M <0 <0 <0 ~I :il ~, (J (J (,) (,) (,) U (,) (,) U U U U U (,) U (,) U U (,) U U U (,) U U (,) U U >. (; u; J: Q) ::I (ij > ~j r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ll~ ~ t;:g 8 ~ 8 ~ c; g ~ ~ Si ~ ~ a; ~ Sl c;; ~ ~ l8 S; ~ ~ ~ ~ ~ l-~l 0 0 0 0 0 0 0 0 0 0 01 01 01 01 01 01 01 01 01 01 01 01 01 Ol Ol 01 01 01 N N N N N N N N N N -e- ~ -e- ~ -e- ~ -e- -e- -e- ~ ~ -e- -e- ~ ~ -e- ~ GlI <( ~I N '<:t - (") 0 ex) ~I ..... 0 0 0) I 0 I iti ..... 0 0 N Ol N OJ \U 0.. ... Q Gl \U ..... ::J CD ..... ~ >- = c: <Jl 0 j <Jl Gl 0::0:: 11l ::J 0 (3 ~ 0 0 C/) It) it 0 -;;; :! 0 Q. Gl Z 0 ::J <( r-- ::J 0 'S; ::i Cl z ., CO 0 0 Gl 0 ,.... ... It) 0:: !:2 O::j jij ... -0 Cl Cll -0 ~ .t: X W f- .a :i 0 Gl 0:: <Jl M Z Q. Z 0 <Jl <Xi ::I: "' 0) C/) (3 ,.... 0 u. 0) 0 u. a ~ ~ 0 ~8 co 0) I c:i .t: . II) r-- -- ~ Z a. ~ ... ... ... ... ::i .. iti f- ~ 0 ~1O 0 ~ Z C! 0 0 ~ <{ :ll::Q 0 z <( 0 ~ CD CD 0 01 ~ 10 .~ :; c ~ c: ~ ~ '" 'Iii r::: Gl ..... 0) ::J 2 E ... CD C') 0 0 '0 - - N ~ ::I: Ql "' -0 <w 8 c iii z '0 ~ Ql ::J <( ... 0 ~ :a S 0 rJJ iii Ql C! >- 11l '0 rJJ Gli c Gl 0 O! it G) Gl -0 ~ Ql c 'Iii 0 ~ ... Q. '- 0::, 0 ... 0 <Jl ~ >- i 11l <( ~ W .t: a. u. .E al Q. I I ~ O::i #-: ::I: 0 0' 0 C/), c:i (I)! N 21~ C') c;) 'f co ~ N rJJ' It) It) _I 0 0:: c' ori "0 0 ::>1 N L- IX) 'It; ~ m ,... () <(, co "'" CD; N -0 0' 0 L- W 0 W 0 0 rJJ (I)' III a> = -0 Q.) c:: 0 z >- >. ~ .t: 0 - !:2 gj L- a> $ 0, C- o:: 0 w c: 0 L- f- CL C/) 0' >. ~ U:' - ~ 0 C f- :J 0 <Jl a C') Gl c 0 0 C') E .2 <( ell' 0 () It)~ "' Q. :i: rJj' It) It)u. Z ::>, Cll ;: 0 a> a. "'"f- '0 a.: 0 1= 0 0:: NC/) (I) 0:: rJJ "' g~ iii Gl iii I- 0 'ij 0 0 0 0 Q c 0 1Il_ U iii CD C') 0 al oiri 0 E CD ~ " Gl en <Jl 01 c: IX) :2 w III CtI W III <II c: '" u. a.~ <{ z u. -J ~ ::J ~ ~ < v C") <ri o 0) 00 ..... 0 O~ NO) ...0 lll- Cll'<""" >-'<""" = C o :J ~~ ~ <ri 0) 1'-0 0)0 g~ lI)~ ..... ..... '<""" ..... .. Qj ~Iii ~Cl Cll Cll Iii > c- .... 0 Cll Cll ~:t: <UJ ~ N e. "0 '- t1J () "0 '- o o (l) a:: >. ... '- (l) C- O '- a.. >. ... c.: ::3 o () (l) o '- c.: o :E ~ I'- '<""" >~I g g ~ NNN Xl .... .... .... ('0 1-; I i xi Wi I W! i ~ ><1 W, Z Z z Z,ZIZ ~,gl~ ~:~;:g N'N~;~~~ 'r" ..... ..... ..... ,.... ..... ! o 0 0 OIOiO 0 QlI .=1 ~l <Ill <Il, Q)' <Ill <Il' <(I I _I <Ill ~! 10 10 10 10 10 ~ ~ 15 15115 N N N N :N. ..... .... ,.... ..... ..... 10 10 10 10 10 15 15 15 15 15 NNNNN ..... ..... ..... ,.... ..... OtO I i I I \0 10 o 10 N .... , , , , ' I ' I I 110 ,10 110 llO '10 110 10 I~ i~I'~!~ I~ I~ :~ IN IN N IN N IN IN .... .... ....1,.... .....J.....'..... ! I I I 110 '10 110 1000 ,Ill ; III 110. IN ,N IN .... ..... I..... ~: 0 0 0 010 OIO'OiO ~: 10 10 10 N '.... I 10 ~ 0 0 0 0 0'0 000'0 c' '51 .'"::' ::1'1 CO: , ! ~I 0 0 0 010 -'I :::! 10' 01 :g,:g 10,10 NIN ....1.... I ;0 10 .10 110 0115 IIIl ~~ IN n ,.... ,.... I 10 10 0 0 0 0 0 0 r I I I I i 10:010 0 I i I I I I 10 ,0 10 N ,.... It) 10 10'10 ,0 0 010 It) 10'10'10 .. .. ..!.. '~'~ I~ I~ I I I I I I i I i I I ,10 10 10 '0 0 0 10 10 10. NNN ..... ........... a!!a! a! ..... I"'" ..... ~l~!~ ..... N IN N N N I - o N i I I '0 !O i ! I I I o 0;0 ,0 :g,~ ~ 0101O,'~ ,10 10 It) ,- :~ ~ ~ ~ ~ a! a! ;:: ~ N , I i i I , , ! ' , I I ~ 11~ :l~ I~!~ ....,.... .... I....'.... f j j 10 o 10 N '.... i I 1 ~,~!~ 10 10 It) iN N N ...... .'r" ;'r" Qj Ol III Q. , '0 ! , I ; , ,0 0 '0 0 0 '0 i 010 0 '8 '88 I - I _, - IOjlO It) N ,NiN I ! i ;0 .0 ;0 ! I , I I 1818 '0 '0 Il'illl'i N ,N i I i~ I~ ~ 10 10 10 ,N'NIN ;..... ..... ..... a!1a! a! ;:'i;:,;:: ltilltillti '<I"j'<l" 1'<1" , I I i 000 It) 10 a! a! .~ ~ ~ r:: ~ ~ N ~ a! ;:: ,cq. I I I ~ ~i:g::g It). III Jill' III N N'N N ......,....i..... ..... ! I ) , , :a! ;a! I r:: ; r:: :~ 'cj 10 a! o!..... 1O!.... . I . N,.... .....!N a! ;:: cO :'<1" a!.a! r::: r::: ,~ cj :0 ,0 ; 10 0 0 0 I 000 0 010,0'0 0 0 I ~i 10 It) 10 It) It) 10 10 10 10 10 It) It) 10 10 10 10 10 10 10 10 It) 10 a! a! a! a! a! a! ~i 15 g g 15 15 15 15 15 15 15 15 ~ 15 15 ~ g 15 ~ g 15 g g ~ ;:: ;:: ;:: ;:: ;:: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~j -,: J::! ~I (iil >! 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 >- (; Ui J: Q) ::I (ii > (;~ ~! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Xl ~ ~ ~ 8 :g ~ 8 ~ 0 8 ~ ~ ~ $ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ('01 0 0 0 0 0 0 0 0 0 0 a! a! a! a! m m m m m m m m m m m m m m ~< N N N N N N N N N N ..... ..... ..... ..... ,.... ..... .......... ......................... ~ ..... ..... ..... -..---....... -'~ (~ ("."1-.._""\ ,1 -J-.... '.. \,) "'. .....---___ 1 LJ ]:\ "----..."."... ~ '" 'i) - (I) a. .5 i 'i (I) !DC I J~ ~ a.. "Cl a. ftI'" &~ \ 'N . : n (.""-VI \'~) \ .........,.,...\ a. c (1)= 'i ! f:! 0 lei 0\ / ~ " " ~ ,., ?. ~ ~~ 2s ~ -:; '" ''5 ~ $ ... ;; ~ ./; - 1) Q. >, ~ i::' -~ ;x >, .n E '-' a '" 'OJ c. ~ ;; ~ E -< ~ '- '" g '" ~ Q, ,., :.; 0. Q, U 1:: '-' q -< "" -< ~ M. -5 -;;; i:' ~ ;>, ~ ~ " ~ ';; ~ t:: Vi -5 " '/, >-. ~. .- '" (/j &. "Q 3' ~ 8- 0: c: ij - :; " ~ e '" c e ::! ~ ?;o .c 1) u V> " - ...) Q, ,~ ~ ~ " g' <1.: 1J Q g C ;>, C "" a. C .c ;>, :: :s. E u '3 ~ 1) <> E " '-' ::l ~ ::E g ;;; ~ g ..., ~ " 0 OJ 3 ~ Q 15 U 0 ~ '" ;; ::E ~ ".. '" -0 > 1) V> ." " ~ ~ c: " " .c: ... UJ ;; ~ I- ~ ::E E E :>, ~ ~ ;; " Sl E E 0. " 0 " u 'iii <> " -5 " U :n ,- .2 -;;; " '5 ';; > -5 .~ ." ,; i c: E " ~ -0 'J .. co c 3 " Z ~ Co '-' ~ '-' -g ~ ~ :; ,::; ~ ~ >-. 1 ?o r..; .Q Cii f:! 'J ;: " ~ ~ ::; " .c 0 :0 " -0 e '" " ;0. " OJ -g -0 :s.. .; ~ 11 0- ;; ,E ~ " -0 / / '- / '. " / ". / (J '. / -/ . .f-\ 1-'-' I J c t <'i \) ~,.1i1 \ \ -'--/ ~ . -1: , \ ..... ..".r- ."- "" / ( /<.to',..-,,~/ :,~ '., . '''::, , r-j' I ''" "'0 " ~ Ji + '" . \, \\ ~ $ d' I ~' page 000014 V> ,; t ~ ~ ;; 300-Foot Radius Map '" 0. >, .;; "- E <( " from Monroe County Q. 0 i;> U 0- U R .s Property Appr_ iser Office en <: .... Q) '- :;: r: QI C 2 ;; ~ "- :s ea :e III ~' III QI Vl ~ :! 2 <l) Vl f:l ~ :; .2:- -2 r: E ":::! ~ " &.. ': oJ:: Q) u -E u a Q. r: ~ E III ~ ~ " " " 8- c :S " " '7 u .3:! ! QI Ql ;: 8 ~ 8 " '" "2 ~ " I c 0 :.c " "" '" ~ c CJ III >. C Co @ :; I:! a ~ 0 0 c:: u -'" Z == :J .. -; ! ~ Q) " r: E 'j ~ ~ l!: iE !Dm Ql 'tS oS ;: ::l :.:: ::1: c 1! :;: :.> " " ~ ":::! ~ 0 r: " ~ IV 0 U 0 'J " ::a 0 -s; <5 ":::! l: 'J QI Ql .... III ~ U .c: ;; ";; 0 ,~ r: ~ 0 " 0 .r:. ~ 0 ~ 2 " .r:..r:. 0 ~ l. V"'l '- .." <5 >- " .~ ~ .... Ill: W Q) V> "" " " Co >. >, U ........ 0 ::t: r: " .c: Co .c -g " '- !:oW Ei ~ " F- E ;] 1! " ::! ~ " " :: ... ,\ 0\ ., c ::e g ":::! ... .~ ,. ~ " 0 "2 C' u .c: <l:: .... ~ 3 " ~ r: .", ~ ~ " ":::! E a. 5 0 <> 0 " " 'i Q '~ ,~ >, ! ":::! ~ " -5 " u r: " Ci. "f ::! !:: l"-' ~ 1 " r: :J ::; e 6 ,,S -= g Q. ., ":::! -- '\ ,(../-_._~---~,....-... \, \ \ '~'\ \\ \,,, \._} ..-...-..-....... ---"'-- -..,....~........ /__-"r~ ,/ "-, \ \ i \ ............ \ --.-___ ._J "" ., i \ \ I ; /' "-~, . (!r~;:,:~< ~, " ,~. ) ~' ,(' ..(. -..,.~,.__._,-__.._-_,__.___-<,-,/ LUl~_ _ __-'~_ , ,:j '.~ ~/ ,~ (f:>' ,. rf ,. ~ _1. _..,_....~....._..._...__\.. + - . . - ... - "" ,.,.... ~ - > ~ -".. _ ... -. ~ -,.~ _ " -.. - .. -'. -'" - - .. __ ~.. .4... page 000017 123960 FEB CORP POBOX 2455 KEY WEST, FL 33040 Wisteria FLUM Designation Application - 300 Foot Radius Owner List 123950 FEB CORP PO BOX 2455 KEY WEST, FL 33041-2455 page 000018 w>- c::> o~ c:::> O=::Z c---J Z::J a::: 00 <X: l...L.J :LU >- .. ~ (/) ~=:> 0:::: =:> c:::::l I-- ::z:: =:> <J: u..... ----l i' '- 3 ~ '" !O= ! I i , ,j \ J ." , .;.i v<!Il.\7 ~'41 r- ;4, ". J em) ;: ; . " " ~ ~~J W ~ ~:3 ] . , 1 - '. tjj1 ii" i -I, ,.,- , i .. ~ .:0".1 .0 \ f- r" I .-.r j' ':> \ j :3" ! \ ~'!ffl <~ ..Ji;........... "- " ,. <e 4 ~ ~. 'l.l ~.Cyy i tJ~~te ~hc ~:-o I>.!)Q 1)".. O:i..lltt..t~t. Me.:p 1 t'..ct. ':i',ut :.j.i1<r.i:':r~~ ~:,'l. the 'jf;Ij' ':'lde~i~F..;t;'~d 1 l':.d ~:-r: 1:t!1;j t.":llp ';"ll.~~el. ,\ ljO :~)t.e jt,; 1-nr..x:.mlt;: t.o ~~7-';-i'X' ~,~y W33t., [liillllrtl 1 )] ~~';:1 ii J, .. "..lJ... ;:~: ;:)i ,'. ~~ ~ ~. ~~~ '. " , "'('~, Ai ~iE ) ,> '. '. \" , :"~. .. ~~...~. '~\:"" \. '. -'\ j i i ! A~- U' ill - i ." ~im 1: \ i \ \ \ \ \ \ \ \ \ \ \ \ \ \ w \ \ \ \ \ \. \~ \'t i' \ \ \ \ i i i i i i ;;. .. ! i I I:.' . '.. . ~; ~mij !l 'E 1;~Utj* ~~ !..:~~~ti:! a~. . ~l*J"JA ~5~ 1'~ ~-H f}~ m .,;H ^p~ndJ~ . A. ,.-..- ~":} 00 CL <J: :::iE 'j i! jl ~) !; ~~ :;( {~ .H~ =~ H~ :~ ~;j !~~ f:,~ ,f\ ;. IH. tl ~If ~1 m'r! '~i ,!:; i- ;.l j!\-ppendix ' S" :z: ~ ::l :: g~ :z: <.J zll) :)>- CD~ ~~ l- I- 8:>- -e.~ li <.J:~ t:ll ail ~ .. ... .. u,.. 0... .". -I: l- II) ~ ~ >- ~ ~ ~-~. ~~ if( ill' I Ii' · . i . 1~. I i~", @tl ~II I I. r.. II II I: i' Ii 91 -.11 iil IIi I en >- W :Ill: In ~ 9 . I - - -.. ~: ::) ... g S )( W Q l: c h ... -u ...- ... ~i u. u ~i .:5 v~~ !! / v ] l /.; ~ f?: <-'0 , . I".' T /~! '_;. ?\ , ~ " " V <;l ... ".~ '" ",~ J ..,....--J 1.~..>0 "" _ ) . . ._. {)) 7' ~ J '\; L> 1.-'1 ~'\. 1~~ ~ ~~ r~~? I !";,r['Lf'v-' ~ 'Y L <- ~' ~ ~' .~/ ~ f~ --l'~.r- ,\~~;: \ ''} {, ~~'-~ r;lja'f ~ 1 {l " ,,\rA '~'l. "I, ---" (.r ""l )')' ~.~~ ~~----, '^'It--tY ~}) ~ ~ ~~ . :\~~\O~~ \. ? ~ ') :\....J) ~':\/1~' ~ '\: j~\..l ~ '" 5 ~- '" 7;r a \ lj \ ~~1j'~~' ;"-0=' \ ....", i '"' _ ~'I '" ~ t llll(f}(;.-- <' \ '-'---'t. '__'~;,.,J .,q ~ 0 ; i ~~t~~~~~ ~ ". (1\\~~~~~V[~, I.i \~'" ~ _~ 2"---u."S,J<>tI....-; ~ "iI' "1.".;";',/ yu'l~ _.., · f . ~. , ,.~ ""--"""', '.~~\_,~'fIg IE I .. I I!H Ii; f I l' · ',' / ~I ;~& t~ ~~~~ _, '/.----",,, I'" ,I, r, · 'jl 'r! I .' _ I <tux" '\/) ~ H!I f I iJl I..., ,I ,Ill, , ~g" "-./ <' <', ~ i: lId I :1' '1 I,; !il! [il "il 'J 1~1 ~:r- 1 ~ ~~ ill c -. Ii if'1 Il'! J i "I IH, I;! ' '\ ~ 'i I J ll, I! 1;0 I!l .,t, . ; "i" . " ! ~ ~ll )1: ql! !!I III H hi I III :ll~ : lli! !i) : !f! \ Io.j rlt JIlll! I lit ~:$ II !l! il !II' lll'l, ,;" / ; II.~ rd t'1 I't. I' jll }l If' Ii II I @{II' "" I h ) ~ 'Ii -" lif f :'.' ,.' "I ., : J '! j !!' Ii: , ~ i'i 'II 1', : ,II, ill II I'i h!;j [ !HI, ! ;11 ' _ ./ ~ Ii: !I:~ji HI!l ili! Q! II 11! \il!~ ill ~:Ii i ; illl _____", / N lh 'llll~ ll.lli:ij H f!jl ["'i'[ '11/1', I ':,:<, J..,,____ ,/ ~ i iil flll~,i!:! liI!!ll. Ii! i ili ili. lll'li!!ii I: i Iii ~ llil ill!!II!!!! ! llil~!!. M!l't!!i lili ! Illl!lli~ I! 100 _. ___ I !lu!!,I!!!J~!f i j~!mii ~ !!!~I J:~i;;~l ;!;, _ >, f " IPfWJ>iHIHI; iil~' '!J .1I~-!'I;jfj", 'I': Ii III " "!kflIJlillll il I 1~lllf IiI 1~!I=l;ii~~lltlilill~ - ,I I 1,1 .1{'. JI~' ! 'nt.. ; I;Ui! Hi !!~Itl~~i'if!:t~a! I ',~i, HI IHli'I~!j'!ll;!tl!J -~ II ifl!!iI :llf!~!:W~~!~~~i~J!!!rJ~ \. 4:' 'ta i!1.i1:...t4:l~llf'.1I iflj! -", . I 'fill, '''' i 'I~l,l i! Po >; ,:' , .... ~ I !Illl: !1fl!t;IlHlmfil!iJil~ ~~ : lljl~! :jll!mi~~i~:l:ij!!i:i ""'" !llr~RI iJ j!rl!llfiAhf!i~rl~~J " Ir I. '. tllll'ilrlldll JI,! l~. "- Ii I' 'j' ,IJ,l ~.l-'It, ,Ill'- ; "-..1 SIJ;~" "llllil~U!hllll'!hliPJ :--:i~ ",: i Ii l,il5wl; HI I ~ H" IJI I .1 il)1 ! \ : 1 ~!. ; oilY II~ 11 lilt 'fig JI'i! id; 1~IIJ ! I; l'lli~ h,' li~ll :Wi . ~ bfl!j I ~ ~IJil . ~ ~ ~1 A "'" .......Ir'., , !! ~ i ~ I , Ii ~ ~ h .e ~ -0" I ~ 0 00 ~~~ ~~~~lg ~~Q:::!:..~ ~~~~~g x li.~ 15 ~:a I ~ ~ ~ ~ ~ .. ~ { ""j ~II- '~J " :j I; . , ! 'U 'i' II ~L '1 \.' 'r-:~ ;1 .[ ~ h "!, ft r " \ Port and Wa~erfront Use Compatibility Analysis Study Area: Key West Bight TREPANIER - August 21,2008 ~) \SS(~C'!.\'I ES iN ., ,j.If:. =.,>f. :>..At.;, l!'ole. ftOf"o1!:I-.iT O!>-f.,t,j..T.... So STUDY LOCATION ",_. -1 I I .' Study Area I , , I Slgsbee Park NAS Key Wesl >., RxXoO<' ..;(..y Key W:>SI Golf Club , ~atlBIYd':;....,~c.; ~1 ".,.,.~ '],<1" \, ~.' :l','E " ~ ~ , Key West \"'\ 1'->10 " n'~ ;~ ~l -..tI ~ ''t ~, ,., /A." 'i c i.... -, -;. ~ ~...6 ~~~ Key West Inl'l >\:rport' ' 1 I j ___"_ _"".___ J Truman Annex, :: ~ :.~.~.~~.f:.. D~~,K.i Data: Data from the Monroe County Property Appraiser's Office, Monroe eounty elerk's Office, and eity of Key West were used in this study. CONTENTS History............ ...... ............................ ........ ........ ................ ..... ........ .... ........... ..................... ......3 Analysis. ....... ................................... ......._.. ....... .... ......... ... ._................... .._._ ._. ............. ......... ....3 Zoning...... ............................ ................. .................... .................... ........................ ......4 Permitted Uses....................... ......... ......... ................. .......... ............. .... .................. ........4 Existing Uses ....... ...... ........ .... .... ..... ....... ............ ...... ........ .................. .................. .... .....5 Densi ty,............................... .........................................................................................6 Intensity.. .................. ......... ...... .................. ...... ............... ........ ........... ......... .............. ...6 Exi sting Development Thresho Id........................................ .............................. .................6 Intensity Transects. ..... ............. ................................ ..... ..... ................... ..................._.. ....7 Regulatory Review. .............. ........ ........................... ................................ ......... .......... ..11 Compati bili ty ........................ ............ .......... ....... ........... ...................... ........... ........... ..11 Economy of Scale ..................................... ....................................... ...................... ......11 Spatial Segregation................ .......... ................ ............ ..... ................... ........ ................ .12 Educational Opportunities..... .......... ................... ...... ................................. .................... .12 Ot her eonsiderations ............................ ............................ ... ....... ...................... .............. ......... .13 Loss of Hotel Rooms.............. ........ ..... ................... ........ ........... ........... ...... ................. .13 Affordable Housing ..... ............ ...... ........................ ........ ........... ........ ............... ... ...... ...13 Key West eonclusions......... .......... .... ....................... ....... ....__........................... ..... ....... .......... ..14 Appendices.. ........................... ............ ...._.._............ ......... ...._........................ ..... ........ ...... '" ..15+ KEY WEST BIGHT HISTORY: Key West's natural deep water harbor originally made the island an important port in the United States fight against piracy. Over time development of the port made Key West the wealthiest town in Florida. The Bight served as an international trade port for the wrecking industry, the shipping industry between the Unites States and Cuba, the natural resource harvest industry, the US Military, and the yachting community. The Port transitioned from a sailing port to steam engines and eventually to petroleum powered vessels. Today the Bight is a recreational and commercial working waterfront catering to locals, tourists and the yachting community. The last of the non-military heavy industrial uses were eliminated as a result of changing market forces in the 1970s. In the mid '80s the Bight property went up for sale, the City of Key West purchased the property and has guided the redevelopment of the Bight to the mixed use, high intensity commercial oriented district it is today. The port has been home to a wide variety of simultaneous uses since its inception. The varied land uses and conditions have coexisted in relative proximity to each other in a stable fashion. The primary impact on the port's indigenous mix of uses has been economic forces. No use or condition was found to have unduly negatively impacted directly or indirectly another use or condition in the port. ANALYSIS: In the City of Key West, approximately 174 acres around the Key West Bight were studied (containing approximately 88 acres of upland and 86 acres of bay bottom). The 2 Bight is a mixed use area consIstmg of the following: heavy industrial military installations; vessel dockage/ marinas (commercial, recreational, institutional and live aboard); marina-related and non-marina-related hotels, commercial (retail, restaurant, service), and non-transient housing (affordable and market-rate). The area of focus for this study consists of the Bight area proper and its adjacent properties (as depicted below). Zoning: The Bight study area spans 10 zoning districts: . Conservation - Open Water ("C- OW") . Military ("M") . Historic Residential Commercial Core ("HRCC") . Historic Residential Commercial Core - 1 ("HRCC-I") · Historic Residential Commercial Core - 2 ("HRCC-2") -. Bight Area Zoning I , , L Permitted Uses: · Adult entertainment establishments · Business and professional offices . Cemeteries . Commercial retail low and medium intensity · Cornmercial retail high intensity · Community centers, clubs, and lodges 3 · Historic Medium Density Residential ("HMDR") · Historic Planned Redevelopment ("HPRD") · Historic Public Service ("HPS") . Public Service ("PS") . Historic Neighborhood Commercial ("HNC") , , I , , · Educational institutions and day care . Group homes · Hospitals and extensive care · Hotels, motels, and transient lodging . Medical services · Multiple-family residential dwellings . Nursing homes, rest homes and convalescent homes . Parking lots and facilities . Parks and recreation, active and passive . Places of worship Existing Uses: . Restaurants, excluding drive-through · Single-family and two-family residential dwellings · Veterinary medical services The existing uses within the Bight area consist of the following: .....~ ." .,.. ; , "'~~t,,' ""~ 'i.!j4',,:.l .~:~ '\'i"""" ~ .~.- ......YL ,~- -~'., ". ~ .~.... .. , , , , if' " .j.,~(>1''''~' _,~;;,\,:~;,,;,~ 1 ' ,~ 1'; J :, A'J ',', i ,> ',i ,,', ' ,"-...~ ,~'~~..0~l;,I, J ~ ,~,.A)~ . Adult entertainment establishments · Affordable Housing . Bars & Lounges . Business and professional offices . Luxury Waterfront Condos . Marinas · Military Industry · Multiple-family residential dwellings · Parking lots and facilities · Parks and recreation - active and paSSIve . Restaurants . RV Park (Military) · Single-family and two-family residential dwellings . Commercial retail low and medium intensity . Commercial retail high intensity . Community centers, clubs, and lodges . Educational institutions and day care · Ferries & Ferry Terminals . Fuel Stations . Transient lodging (i:~!i,i:\Ci:'i .... .." :_".{;~.~:... .;' ." . ..~ , , : ~ ~. -., -l' Density (units per acre) The Bight area has the highest permitted and , ".' actual densities in the city. The permitted density varies between 22 units per acre and zero units per acre. The actual average density of residentially used, or mixed use parcels is 44 units per acre; with spikes as high as 96 and 69 units per acre. Residential uses are permitted uses in all zoning ", '" . , . districts that make up the Bight area. 85% (864 units) of the residential u.Ilits are transient; all the transient units are located within hotelsl resorts, 76% of which are associated with publicly accessible marinas and! or waterfront. 12% of the units are affordable (125 units) and the remaining 24 units are market-rate condos and apartments. Intensity (Floor Area Ratio "FAR") ---~-_. , . , , The maximum FAR for the bight area is 1.0. The range of FAR is between 0.5 (HRCC district) and 1.0 (HRCC-l district). The average actual FAR in the Bight area is 0.7, with spikes as high as 2.8 and 1.9. Existing Development Threshold "EDT" The EDT is measured as a ratio of the ' cumulative percentage of the actual density and intensity developed on a site versus the permitted density and intensity. If the ratio is less than 100%, there is development potential on the site. If the EDT exceeds 100%, then the site exceeds its maximum permitted density and intensity. The average existing EDT at the Bight is 272% 1. That is the average level of development rights exercised at the Bight which exceeds the level allowed under current code by 172%. There are individual properties that exceed permitted development thresholds by as much as 1,336%. 1 Excluding the Porter Place Housing Project. Porter Place exceeds density by approximately 9,0000'-0 and thus severely skews the results. 5 Intensity Transects Transects were analyzed in terms of density and intensity. The base analysis is the permitted intensity under the respective zoning districts. The transect data was displayed in following charts, The existing intensity reflects the actual intensity of the properties through which the transect moves. The transects reveal that the intensity of the Bight area is highest adjacent to the waterfront and decreases dramatically with the increase in distance from the waterfront. ..... I I ' I / r ".. C-QW " ~ Key ~5t BIght The A-B transect stretches from the waterfront at Waterfront Market to the edge of the study area and into the residential district. The transect passes through six properties and three zoning districts and various uses (waterfront oriented commercial, neighborhood commercial, and residential. The following chart shows the actual change in intensity from point "A" at the waterfront to point "B" in the residential district, and the change in permitted intensity along the same line. Waterfront Intensity Cross-section A-B 50% . I TransitIon to Residenual Zoning I I \ i Existing IntEtnsity ~v :J'y~jl~l~ll;.'4' ,~- ..- . ''''('''',';i",','i'cJ-'~~'I''~j.'''~'l~'~;''Jtvr''./i'' L 1.0 FAR, 22 unlt/ae ,~~ll~~~~!~J~f()il~l~f~s~t~~~'- 0.01 FAR, 0.1 ~,~, I 200 % 150 % 100 % 0% 2 3 4 5 6 6 Transect A-B shows marked decrease in intensity as it moves away from the waterfront. The intensity at the waterfront is approximately 300% of that which is permitted by the current code. As the distance from the water increases, the intensity decreases dramatically until eventually dropping below the maximum permitted levels. Transect C-D stretches from the waterfront at the Galleon to the edge of the study area. The transect passes through five properties, two zoning districts, hotels, restaurants, bars, and retail. The following chart shows the change in actual intensity from point "C" at the waterfront to point "D" at Greene Street, as well as the change in permitted intensity along the same line. Transect C-D again reveals the pattern of high intensity adjacent to the waterfront (in the case exceeding permitted intensity by 400%. As the transect moves away from the water intensity decrease nearly linearly until eventually dropping well below the maximum permitted intensity. Intensity Cross-section C-D Waterfront 100% :. :~~r : !'i'~I~{~L l . . ,','; """~:y,~.1.:' ". ::- <c ~rans~tion to. TranSItion out of : .:i:'5/~\';f!~~:"i't' ReSidential ZOning Residential Zoning ;"':t!W' ':'~;"~ .~'''' I I .', >~><;;'\i1-il~'~ ,'> "\ .-x, " I I Pennitled Intensity :.~_~j/\~ S~~~;~f ..~4;.' ,or, ~~,~:~.l\~:~~..~~. 1 , .. I / -\:l'~i'tI';!)''-''';~<;;~:''''\'l'';':;k!;::", "~,).,,;:,, " I L_ 1,0 FAR 22unit/ae '::~~gt1{~i~1W;Efi;g(~~:H;;~:N~~~/:i;~:'i:'~~"?-;';~~~:'~':.',,-:~,:~ . , 'AJ:'~f\;"'~',..-~':'~':;!~jJ ;"~,,r:.,J.'.":Y ,.,,'--!--' ":i;"'~~""t.i,~Y7l:~..;,. ":",;,,,';,.~~M1 0 01 FAR 0 1 unit/ae ,-'-.L~ "1 - . ~ ,u\' j tl ~- . -.'f" ~~........:..:....I...........=.tI. ... ' I". j.....~...",,~...:!~.~~~ ,. '. I . 1 2 3 4 5 500% 400% 300% 200% 0% Transect E-F stretches from the waterfront at the Ocean Key House to the edge of the study area. The transect passes through twelve properties, two zoning district, hotels restaurants, bars, retail, government offices, and residential. The following chart shows the change in actual intensity from point "E" at the waterfront to point "F" in the residential area, as well as the change in permitted intensity along the same line. .., i Waterfront Intensity Cross-section E-F 150% 100% 50% Duval Street Corridor Existing Inten&lly 300% 250% 200% Transition to Residential Zoning I I ~-".~------...~ 1.0 FAR, 22 uniVac 0% 0.01 FAR, 0.1 uniVac 2 3 4 567 8 9 10 11 12 Transect E-F again shows high intensity adjacent to the waterfront. This transect crosses Duval Street which is also revealed to have high intensity, though not nearly as high as the waterfront. The intensity then drops off as the transect moves into the ,residential district. Transect G-H stretches from the waterfront at the Westin Resort to the edge of the study area. The transect passes through seven properties, two zoning districts, hotels, retail, and residential. The following chart show the change in actual intensity from point "g" at the waterfront to point "H", as well as the change in permitted intensity. I ntensity Cross-section G-H Waterfront I 250% : Existing Intensity 50% Transition to Residential Zoning Permitted Intensity 200% 150% 100% 1,0 FAR, 22 uniVac 0% 2 3 4 5 6 0,01 FAR, 0,1 uniVac 7 Transect G-H continues to demonstrate the overall trend we have seen in the above transects, Intensity IS highest adjacent to the waterfront, many times that which is permitted by current code, and overall intensity decreases as distance from the water Increases. 8 The following graph demonstrates the average intensity of all transects. The average clearly demonstrates the high intensity adjacent to the waterfront and the decrease related to distance from the water. Waterfront Average Transect Intensity , 350% ' '" i , ! 300"~ 0% 2 3 4 5 9 Regulatory Review 32% of the Bight study area properties analyzed in this report have been the recipient of recent City of Key West and Department of Community Affair ("DCA") reviews and approvals for various activities including Development Plan approvals, shoreline and Coastal Construction Control Line variances, and settlement agreements. One project resulted in permanent housing adjacent to the waterfront. The project required a Comprehensive Plan Amendment, Zoning Amendments, and development plan approvals, all of which were reviewed and approved by the DCA2. Compatibility The Key West Bight is a vibrant activity center with heavy pedestrian traffic. The mixed use nature permits the maximum activity opportunity with minimum transportation needs. Within the bight area residents and visitors are able to moor vessels, park vehicles, lodge in adjacent establishments, purchase fuel, groceries and fresh seafood, perform banking, legal and other professional business operations, engage in tourist activities, dine and drink in adjacent restaurants and bars, obtain minor vessel repairs, parts and service. Economy of Scale The existing level of densities and intensities permits an economy of scale that creates synergistic effects between the uses. Seemingly incompatible uses such as commercial fishing and high end dining establishments actually complement each other. We found tourists and locals gathering around the commercial fisherman as they unloaded catch or cleaned fish along the docks. The tourists found the processes interesting and the resulting waterside activity when fish remains were fed to Tarpon, Snapper, Permit and Mullet that were fascinating to the onlookers. Diners commented how fresh the seafood they were eating was, as they watched catch being unloaded and transported into restaurants and grocers. l Railway Apartments and The Steam Plant 10 The economy of scale has also allowed the Bight to be sewage-free for many years, prior to most other Keys ports. All the docks provide pump to state of the art sewage treatment, drastically improving water quality. Spatial Segregation Compatibility is also promoted through spatial segregation and gradation of various uses. The Military Industrial activities occurring in the Bight are spatially segregated from the civilian activities, on both land- and water-side. Larger commercial vessels (ferries & tug boats) are also segregated from the smaller scale commercial and recreational vessels. The large commercial vessels (ferries) are docked most closely to the Military operations, with the lands ide public boardwalks and walkways partially obstructed to insure transportation security. At the points of obstruction, the walkways are diverted around the secure areas and allowed to resume on the other side. Other uses are segregated to enhance compatibility. The more upscale yachting-type docks are often access restricted to prevent non-boat owners and guests from accessing the actual vessel dockage. In these cases the boardwalk proceeds unobstructed, but the docking piers permit only authorized persons to access them. In this way, the general public may have full access to the waterfront, but not have access to individual vessels. Additionally, there is the large center pier for public access whereon the historic turtle kraals and the turtling museum is located. Access to this pier allows the non-boat owning visitors to not only access the water-side of the bight, but to also view the Bight's land- side from the water. Educational Opportunities -- ,Iii The scale and variety of uses combined at the waterfront creates significant educational opportunities for the public. The Bight has educational signage and exhibitions for' commercial and recreational fishing, near shore water quality, storm water management, marine safety, environmental awareness, reef protection and restoration, boater safety, sea grass protection and restoration, Transportation Safety Administration, manatee protection, historical significance of the Bight, and historic seafood harvesting. The many complementary and synergistic uses create spatial relationships that the educational and regulatory agencies exploit to educate the Bight visitors about critical issues. If the economy of scale and 1 t variety of uses were not located at the Bight the effectiveness of these educational opportunities would be drastically less effective. Other Considerations: During this study of the Key West Bight, two other issues emerged: The loss of transient units and the need for affordable housing. Loss of Transient Units The Key West Bight is a microcosm of the Keys as a whole and like the Keys, the Study area has lost a significant number of transient units. Of the several hundred transient units located within the Bight Study Area the Bight lost 96 units in the last six years. The 96-unit labours RV Park was taken offline for redevelopment approximately 5 years ago. The park consisted of hotel-type units, RV spaces, and camp sites. The redevelopment plan was approved for 38 units. The project has run into financial issues and all work has subsequently stopped. If the project is completed the Bight Study area will lose 58 transient units, however, as of today the Bight study area has lost 96 transient units. Transient unit loss at the Bight is symptomatic of the loss occurring throughout the Keys. According to Monroe County Tourist Development Council studies, the Keys have experienced a loss of 2,530 units due to abandonment, disasters, nonconformity clauses in the Comprehensive Plans, and redevelopment3. Affordable Housing Several affordable housing projects exist in and around the Bight. There is public housing, smaJI individual workforce units above shops and offices, and the most recent project, the Railway Apartments, is adjacent to the waterfront and was completed in May, 2008. It had only two vacancies by the end of June. The rapid construction and occupation of the affordable units demonstrates the tremendous need for such housing in and around the employment centers and in this case within the Bight area itself. According to the 2007 Florida International University studl "Monroe County, Florida Affordable Housing Needs Assessment" Monroe County has lost 5% (2,024) of its workforce since 2000 due to a lack of available affordable housing. At the same time the County lost 16% (2,058) of its rental units primarily to the second home market. According to the study, the highest demand for housing exists in and adjacent to Key West. By placing workforce housing in the same location as employment and entertainment, the cost of living is further reduced by eliminating travel costs. Given the mixed use nature of the Bight and the trip generation effects the Bight has as a destination, tourist and workforce accommodations within the Bight have a synergistic 1 "Transient Unit Loss in the Florida Keys", a 2008 study by Trepanier & Associates 4 Please see attached. 12 effect. They put the customers and the workers of the destination in the destination, thereby reducing trip generation and congestion. Key West Bight Conclusions The Bight has a wide variety of uses which are made compatible through specific strategies of spatial segregation and gradation. Uses are segregated according to the relative impacts and security requirements. All uses are visually accessible with no apparent segregation. The segregation and gradation allows what may appear to be incompatible uses to not only be compatible but synergistic. The varied land uses and conditions were found to coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition, as defined in 9J-5.003(23) of the Florida Administrative Code. The Bight has average density and intensity levels double that of the highest permitted level in the City. Most properties have exercised their full residential density rights as well as their full commercial floor area rights. These are indigenous developments created prior to existing zoning. These high density-intensity levels promote an economy of scale that is not only commercially, visually and socially appealing but is also heavily exploited by educational and regulatory agencies for educational and environmental quality improvement purposes. This highly dense and intense waterfront has become the jewel of the City. The publicly accessible waterfront boardwalks provide visitors and locals alike unprecedented opportunities to enjoy the natural and cultural assets that make Key West special. ] 3 ~ ..... ~ Q ~ ~ - < ~ ~ = ..... rLl I ~ .~ '"C = ~ ~ ~ -< mIl > > > > > ,510',1 ill ~&fJ .. i. 11 iE 11 ~jj ili I !1g h ~ ! 19 Ie 11 511 sU eU :1 ti.eq ~1~ .. U~ ~~ Of ~ ~.. 6hf <3ih! i i~ HhhL !hH~ ~dH~ 1 51 H~g 6~ ~Iij ~ ~ i i J! ~ Q i G !i 0 J! z ,. z !Jl Q J! i !i t : Q ~ G 0 j~ j~ Z ,. ,. Z ,. z Ji ~ !i ~ II ~ ~ ~ C C C 0 J! ,. ,. ,. ,. z i I 1 5 l! J :I 8 ~ r j .... ". ... l ~ ! l 1!! ~i fl h h h ~ j L ~ P >it 1 S ) U .. Ii ~.1 I. I. I. i ,. ~ II .,. ~ ~ ! II ~ ~ II ill :ll l\l ~ ;~Jl " !:! ~ " " .. .. .. " .. J~!l .. l': .. . .. ~ .. ~l <( < '" ~~ ~ :ll ~ " " .. .. .. " " " " .. ~il .. n n " n n ... n ;J n n ,; ci ,; ,; ,; ,; ,; ,; ,; .. ~E! " " " :l . " ~ co ~ .. ,; ,; " ,; '" ,; - .. " ,; ~J~ " .. g on" i!l" N_ ~ j:!n .. ~ N co ~N ~ -' * ~ .. a ... -co ~ .." ..... ~g !II. g n ~ n " ~ <D co n co " !m~ ~ S !l 11 " ~ ~ ~ '::! on N N .. ~f fi! <> ,~ ~'l' ~'l' Ii"! ~"! ~3 f3 ~ " " i ,,'l' xu xu .. xu xu xu xu xu .ll :: g ~~~ :: g ::a .. g ~ g lil g ;L1! " g ~ !!I lil a " ~d ~~I ~~ ~ ~g~ ~:a~ ~~~ ~L1i h~ ~lil~ i .. Q il! in Iii in " 0: Qj ~ 0 Q ! ~ ~ ;;; III ;;; iii ~ 1 D E ~ 'ii 'ii 'ii ) ~ 2 ~ g \5 ~ ~ ~ I- g U ~ ~ ~ " i;i ~ ~ j j i i N ,:: ~ 11 j j f ! " .. ~ J 'E . ! J j Q a Ii c;; ! j f u ~ i 0 i ;z J ~ E i t . .. . ~ 0 '" .! '5 . .5 ~ .. 0: U :;j Q .. I- '" I- :llOle - N .., . ... .. ~ .. .. e :: !:! '1" e e i .. e" .-ill II 1: i" 1.. ~ i ~ 3 1 i ~ is e e;~ fillsAl $11nht~~~~h~Hh dh!QJ~]~Htigg : : ,. ,. ~ !. : : ,. ,. i 'E ~ i j j LIih ~ ~ ~ .. " ~ :l n o 0 ~ ~ to:!O ~ ~ lC N n n '" " ~ ~3 ~3 ~;; 1:<: 8:<: U g lililnlilnl.1~ in i j " . w in ~ ~ ~ : ,. : ,. e ,. > > > ~ ~ J! oi~l 8"~ o! -~~ 8~1l ~ c~s~ ~ g~ ij!~" a"5ll ~ uj; ~~~ h h~ .0.0$ a&;;i 3 Ii . u u g 5 > ! .2.8 a Ii U 0 o:!i li ~ It J.ll i ~ :> !. : ,. ~ !. G ,. ~ !. ! ! . ~ : ,. : : ,. ,. ~ c ,. $ : ,. ! : ,. H i U ~i j fog i ~ U ,,~a \!/ ! I ~ II ~a ~ I ~ , tl i- uJ . o Z : ,. : ,. !. : ,. : ,. ~ ." 1 ? ~ ~ ~ j 1- l!! "Ii j : ~ ii h ~ "Ii ~ l:: l:: l:: ~ l!i ~ ::I ~ ~ . '4 I- * ,; ;; ,; l:: ~ l:: l:: l:: ,; . ,; .. ,; .. ,; .. ~ .. ~ ~ '" . I!i ~ ,; ,; 8" g co ..,.., 5 ; co_ \:i .., ~ .., a I- I- ~ '" .. . 0; .. . g .. n ~ n n :i ;1() ~ ~ " N ~ l:: !! ~;; i;; ~;; ~';" x:u ~;) ,~ !2n~! ,; ,; ,; o ci ~ 8lil a:<: g ~~n~n~~ N g g " g*8 ~ ~ .. ~ Ii5 I ~ Ii5 t ~ ~ ~ ~ j Ii5 ~ ... .. ~. -: .~ N ~ 80 ~N ~ ~ Ii5 ii ,; .., ;0 iii ] ~ -.. . ~ g e .. .. n n .. u ,,';" ro U <J ~;s ~d g g ~~~ 8 go g ~~U~~ iii j in E .t ~ '" ~ u; 'll 8 in 11 A '" " ... . 'll ; In ~ In i 10 S ~ . % . " ~ ~ 1 ~ i " ~ ~ g b x: ! :J. i j '" ~ 8 ! ~ e il c ;; 1 x: ~ . 'i 1; ~ ~ i g ~ b . r ~ x U <J it .3 ::! ;! :!! :!! :: :!! e " ;;; l:: ~ <lO o.n N N > , e 11 e 11 e 11 u~ ~.. u~ ~"!"u~ ~-:''i ~~~ii~g!i~il~8!~!it~~ i~i o Z !i Q Z ~ .a .s; ;0 ! " ~ PI '" ,; N ,; :!!~ -. N '" N I :iN XO ~3 ~ g ~d . Ii w ~ o I! ; ~ a: ~ N o Z ~ ~ i '" ~ n ,; ft ,; ~ > ~ o Z ~ 1 0: ~ '" ,; ~ 1,'leG II') co a ~ r I .5 :5 ~ ~ ~ .Ii .Ii .5 :5 :5 :5 o Z o Z ~ ~ !i ~ j ~ ] ~ ~ ~ ~ ~ '" ,; '" ,; '" .. ~ ,; ~ i ~ ~t';':i ~N ~N xu :ru :1:0 :ru . z ~ ~ I ;0 ~ ~ ~ ~ ~ ~ ~ ~ g~ g~ 8~ 8~ -- g ~ig~g~~igge~~eii8g . o .. w .R ! "! ~ :!l a w ~ j i ~ ,jj ~ " :;! ~ ~ N <;; ~ ~ ~ . 'Ii oi ~ ~ :i ~ i ~ -I: II l ~ s ! ~ " N .. N .. n ;;; . z ~ Ii i " ~ ... 3: B; ! ~ ~ ~ U 0 z z X 1: ~ G ." ~ g e Dl ~ ~ b I i u r > Ii e 11 gfl~ ~~~ ~ n H~8 i i :5 i I ~ ~ :> :> o Z o Z i !i o Z o Z o Z o Z i i ~ l j i J s ~ i !- J Ii &! ..I i ~ ~ ~ ~ \!! ~ 1: ~ S; ill ::E ~ ::! ~ '" ,; '" ,; :; :ll ~ :ll Ii ~ m ;; ~ ~ PI n_ ~ ~ f id ~:s ~;s = ,. o Z c ,. ::! .. ,; ~ ~ i ~ :> ~ o Z i 1 " ". :II ~ ::! ~ ~ .. .. ~- xo ! :5 !i ~ i J!l ~ ~ '! i ~ 11::<# ~ , l:l ~ 5 ~ i ~ . ~d ~;; '0 I .5 :5 I .Ii :5 o Z o Z i !i . z i :;; J! ~ ~ :l !f l:l !- N g ~ .. ~ ~o ign~n~Ug~ ~~i ~$ns! !8~ ~ " ~ <3 ... ... " " w w z z ~ ~ ~ ~ u u .. N " .. N m i U ~ I j :;! > .~ l ~ ! ~ N n n M ~ n M :ll ~ ~ " u. ~;:; .. . o i ... 11 ~ M w W 0: ~ ~ " .. M ~... w i! :J: g ~ 9 o m M 10 !Z ~ .. ~ .. . ... '" ~ ll' .. N ~ ~ .. ~ .. " ~ " \:! ~ ~ a " is !Z :l u... ill ~ > i. 01 i i i i !~hi~~ ~ ~ .i .Ii ::> ::> :!i :!i c ! 0 ~ 0 ! !i i J! 0 i ,. z z z : !i i !i ! ! i 0 ! ! 0 ,. z z . ! ! c Ii J! 0 0 i i i ,. ,. z z 'I I i 01 .1 ! ~t jl ... I ... i 01 I ~ # ~ . il J:S ! i 1 ~ " u " ! " ~ '" '" ~ "#. "#. ~ ;I. ~ ~ ~ "#. ~ ~ ~ ~ :! "' ::l :! ~ , ~ l:l l:j ~ l:j ~ l:j l:l l:l :!! :!! :!! :!! :!! n n n ~ e :II .. '" ., ~ ~ ~ :;! :3 ,.; :! :!! ... .... ... ... ... . .. .. .. .. ~ N .. n .. .. .. - .. N .. .. .. .. .. .. .. .. .. ~ .. ::1 ~ ~ -' -' " M .. .. :;l .. : ~ :;: ::l .; .. ,; .. - ~.. .... :;;.. .. ~o .. ;. ~ ~ ~ ~ 11 .. ~ ~ e ~ ~ N e ~ M., ! Sl ~~ ~ ~ = ~ ~ ~ .. ! ! ~ .. ~ ~. ~ ~ ;:; ~ N II: IE IE IE II: II: II: 0 !i! 0 0 0 0 " " " " IE :>:0 :I: 0 :I: 0 :I: 0 :I: 0 IO :>:0 :I: I :I: :>: :>: N 8 Is! 181 I~~ :!! 8 :!! g g g ~gl I~i i~i igl iss :!! g ! 8 a8~ .... ~~i Id ~8~ ~~~ ~~i w ... .. .. " " ... " w ... " I ~ ~ ~ ~ ~ ... " S; 10 .... ... .... " ... " " VI " " ffi .... ... S; ~ ~ [ ~ I :r :>: z z w w w w '" w 0 ... !t; i ~ .... 0 0 W .. it; i w i " if " if " ., " ~ .... ... " N ~~ " ~~ !i... ~ ~ ~ iij -ill li... ~... " N " i!l ~... .. ..z ..... n... .. ~ w ~ ::I ~ < ... 0 ::I w 0 " w .. ., " 1 . 8 \li to .... 5 0: a 8 ~ ::I " is g i ::l g I ... :I: . ~~ W VI u l i <) j .. f z ~ 0: :I Ii: >> j! g 0 i 10 ~5 : .~ . l' ~ is h ... ~ ~ ::> ~ ~ ~ il ~ il ~ :5!l! u xii: <) " "' N M ; n '" ; .. co .. . .. .. .. .. co I < 11 I f ~Ij c ! ! >- !l ~ 0 Ii z I = ! ! ,. ~ "! h ~I r ~J i ~~ " .!l~ ~ ; ~ jj .. .. :!! I] ~ ,.; ! ::I : .. .. - ~I n ~ ~ ci ,; ~i co n :; .; .. Iii '\I ~ ~ i ~J on N - i! .. N .. .. ::l .. N N ~ 'l' 3 is u u u 13 f " :l! I J: ~ ~ 6 !! ;;~ ~g 8 h n ... ~ J III ~ :;! 5 i E 0 f ~ 0 Jl ~ ; ;; ] f.. Ii ... J .... it i-! d 01" .1Ie - .... MI l'- ..... u Q) C/J c: to ... f- !i !i 1 1 0 0 z z 0 0 0 z z z f] f. II ':;~ ..i! .~ 11 J~ ;u ." i' ~ ~ g: :Ii :!! :Ii ~ ::Ii - .. .. ::! .. .. . .., " ,; ,; ,; ~ ~ .. .. ;l; :i! n i ~ 1J n .. " 2i 2i 0 ~ '" :Ii x x Q * 8 U Ii ~ 3 ." 0 l; l!I ! r , '" . h 0 ~ '" .. n of.. ill fl :'! ..~ -a:9 ~i i~ ~~ H tiI . n ... ':1 .. .. ~ 3~ I '. ~ iHi~ - .U nhu~ U~h nlJ~ . !~ ~Ij : ~ ! 1 ~ ,. II II 0 ~ ~ 0 ,. z z J II 1 c 0 0 ~ ,. ,. z z ~ i .. ! !l B i ::l ~] ~ I.B sf ~ ~ S el <3g " I I If. ~ ~ ~ ! JJ ::l !;: " '" l:l '" It 15 n n ti ..; ! .... :l! ~ ~ .. . .. ~I .. .. n .. .. -' ,; .. <0 . .. ~~ ,; ,; ci '~ I~ i ~ ~ 0 " f:l ... I~ ~ ~ '" ~ :!l n . * n M . n j U U <> <> u u 0 0 u u " " " " " x- x- x", x_ r_ ~ <- <- <- <- h 015 N~ i~ ~ 8n U gg ig gg g .... " Iii I Iii z 0 '" in .... ii! ~ z z ] 0 J ill l!: ! " '" .... ~ ~ ~~ ~ .. .. ! ., ! IZ ~ ~ s S 1> ~ (!. u -i f . I " to. e ~! .a . l!" g II .....:1 :l!1l ;0 0 .. ~~ - N M . n a I U .... c.J <1) en ::: co .... !- u.. I ::.:.J :ii'll h .. I lU ~ I ! is ll. ':8 j ~I 0 ~ ~ !i 1 1 0 !i z z ~ I 1 II 1 0 !i 1 i J! z :l! I 0 Jl :l! 0 0 1 1 Ii z z z . ~ !! I s 1 ~ "Ii ~ t i I~ t ~ ~ i . 'I i ~ , 'ii 'i 0 " " " " ~ ~ .,. ~ ~ , II ~ l ~ 1; ; ~ f: ::l !':l !':l l:: !':l l:: l:: l:: ~ '" I. : .. > .... 0 ~ 0 .. ::! ~ ::! '" '" ~ .. .. ~ ~ ... .. ;: <.q '" '" 2 '" n ~: ,; .. ci - ~ J ~ ? ! N ; ~ ! .. . . - N g ..; n .. ~ aM ~ ~ ~ ~ .. .. ~ ~ '" ~' " .. n ~ n . .. u <> <-'> l <-'> .; u u g u ~ L u u ~ u ~ fi! " !f~ " " x x- x- x- x- x- x- <- <- <- illilh ~8 i <- * U U !is u Og ~8 gg h n h gg ..~ ... '" t Iii Iii ... Iii ~ Iii Iii " ~ I ~ ~ ~ "' Z 11 ~ ~ i 8 0 0 ~ .. n .. ~ n N n N - . f 'IMll l;" ~ i ~ ~ ~ .] '" ~ oil i jj ii .. g U 11 i .:d ~ d 8 ., ~ " i ~ 1111 .., ... n .. ~ 00 .... c.J <1) CIl ::: co ~ :r:: I o 1 I~ e -.. is ~J H i i ! Ii 8 8 d! : J! i i !i i J! ,. jl.. : 0 i !! ~ :i! !i > z J c :i! :i! ~ 0 i 0 ,. z z ~ ~ .. .. g ~ ~ ~~J ~ ~ .. ~ E e e i Ii Ii e Ii h$ 6'...._ (.) (.) 8 '" .!II ~# ~ a'" ';.tt :-' ~ ~ N ~I~ ~ ~ ~ ~ \!! \!! \!! U. .. 81 '" .... ~ ~ ~ .. !l' .... .... '" ~. ~ .. .. .. '" .. - ~m~ .. " .. Q " ~ ~ -' ~~. .... .. ~ .. n ~ ,,; ,; - ,; ,; ~ .. ~ ~ ~ N n ~~~ .. .. N ~ .. ~ ~ n ! ~ .. ~ ~ N n ~ ~ .. .. .. !I!I~ N ~ ., ~ .. ~. c ~ ~ ~ 0 ~ 0 !l: " ~ X I: I: r x ~g .. Ii ~g .. ~.. ~.. ~ li:'" lij.. .... j~ U U Ii ~~ U " <J) .... :n .... t; ~ ~ ., .1 t; .. w " w Z z .... ~ iD x ffi :J ~ Z w ~ 0 w i ~ ~ ,if ll: '" ... .. ~ u ~~ .. ~ .. ~ .. ...... N.... .. .. '" .. .. ~ I .. '" w z ~ i 11 ~ 0 " ~ :> '" :ij w ~ i ~ .. t: .... :> '" ~ ~ " '" ~ :J E 0 ~ r1 <J) ~ w ~ ~ " ! 1 j Ji .... ~ i i= " i :> .. 3.. ~ U :I i= .w ~e - N .... .. " .. ~ 0'- u ~ VJ I: ('l$ ... f- ENVIRONMENTAL ASSESSMENT WISTERIA ISLAND MONROE COUNTY, FLORIDA Prepared by rCE1) Consulting Engineering and Science, Inc. 8925 S.W. 148th Street, Suite 100 Miami, Florida 33176 January, 2007 Table of Contents 1.0 Introduction............. ........... ........... ...............,..,., ,.,........,.. ,.. .,.. ,........... ......,....., 1 2.0 Methods................,.......".... ........ ....,.................... .....................................,....... 1 3.0 Results.................. ................ ................................................... ......................... 2 3.1 Habitat Types .............,......,...,. ,..... .....,.........,..,........ .............. ........ ......... 2 3.2 Threatened and Endangered Plants and Animals.................................... 4 4.0 Environmental Impacts ..... ,..........."...., ...................... .......... ....................., '..... 5 4.1 Impacts to Disturbed Wetlands......................,........................................ 5 4.2 Stormwater, Contaminants and Invasive Exotic Vegetation ................... 6 4.3 Threatened and Endangered Plants and Animals..,.................................. 7 5.0 Figures and Reference Photographs ...................,.......................................... 9 Figure 1. Habitats on Wisteria Island ...................................,....................... 9 Reference Photographs., ....,... ,........................... ................... ........." .....,.. .... 10 Wisteria Island Environmental Assessment Page I 1.0 Introduction Wisteria Island is a man-made spoil island located adjacent to Key West (Figure 1). The island is approximately 21 acres in area and also includes an adjacent bay bottom ownership. The habitats on the island are by definition disturbed since the entire island is man-made. However, portions of the island include jurisdictional wetlands including that are classified as mangrove wetlands and salt marsh buttonwood wetlands. In addition to the exotic vegetation that dominates the majority of the island, native vegetation is also present. The purpose of this report is to provide a biological assessment of the island in order to determine the types and extent of habitats present, with particular emphasis on the identification and delineation of upland and wetland habitat types. 2.0 Methods A series of site visits were conducted during late 2006 and early 2007. The entire property was evaluated by walking a series of transects that traverse the parcel. Recent high-resolution aerial photographs were used to delineate the habitats and environmental conditions on the island. All wetland habitats were flagged for survey purposes. Field data was digitized onto goo-rectified Digital Ortho Quarter Quad (DOQQ) maps using ARCGIS desktop Geographic Information System software, and habitat extents were calculated using the XTools software extension. This analysis provides an approximation of habitat areas, but is not intended to substitute for a survey. Habitats were defined by the presence of appropriate vegetation, and habitats were defined within the context of the Florida Land Use, Cover and Forms Classification System (FLUCCS) (Table 1). Wisteria Island Environmental Assessment Page 2 Table 1. Habitat definitions appropriate for Wisteria Island based on the Florida Land Use, Cover and Forms Classification System (FLUCCS). Habitat Type FLUCCS Code Disturbed 740 Disturbed with Mangrove 740.2 Disturbed with Salt marsh 740.3 Disturbed with Exotics 740.5 3.0 Results 3.1 Habitat Types A total of three habitat types were identified on Wisteria Island: disturbed uplands with exotic vegetation (740.5), disturbed salt marsh buttonwood wetlands (740.3), and disturbed mangrove communities (740.2) (Table 2, Figure 1). Table 2. Habitat types on Wisteria Island exclusive of submerged lands. Habitat types were delineated based on field reconnaissance, and habitat areas were calculated using ARCGIS mapping software. Habitat Type Approximate Comments Acres Occurs on higher elevations over most of Disturbed Uplands 18 +/- the island, invasive exotic vegetation predominates, scattered native vegetation in understory Disturbed Salt Marsh 1.8 Occurs on three locations on the island, Buttonwood Wetlands (large) non-tidal, Disturbed Mangrove Wetland 1.4 One location on western side of island, tidally influenced Wisteria Island Environmental Assessment Page 3 Disturbed lands may be defined as "lands that manifest signs of environmental disturbance which have had an observable effect on the structure and function of the natural community which existed on the site prior to the disturbance" (Monroe County Comprehensive Plan, Volume II, Section 9.5-4, D-14). Using this definition, all habitats on Wisteria Island are functionally disturbed, although a further categorization of disturbed habitat types is appropriate based on the predominance of vegetative cover. Disturbed uplands were the predominant habitat on the island, over the majority of the island (Table 2, Figure I). The vegetation on these disturbed uplands was mainly invasive exotic pest plants, with Australian pine (Casuarina spp.) being the most common species. Seaside mahoe (Thespesia populnea), Brazilian pepper (Schinus terebinthifolius) and bowstring hemp (Sansevieria hyacinthoides) were also common invasive exotic plants on upland areas. Native plants are also present throughout the upland portion of the island although they constitute a minor vegetative component relative to the exotic vegetation. Native plant species on the island include seagrape (Coccoloba uvifera), buttonwood (Conocarpus erectus), bay cedar (Suriana maritima), joewood (Jacquinina keyensis), and black torch (Erithalisfruticosa). Disturbed salt marsh wetlands occurred at lower elevations and occurred along the perimeter of the island, mostly towards the eastern side of the island (Table 2, Figure 3). Vegetation in the salt marsh community included buttonwood in the overstory with an understory of herbaceous wetland plants including sea oxeye daisy (Borrichis frutescens), saltwort (Batis maritima) and glasswort (Salicornia spp.) and sea purslane (Sesuvium portulacastrum). Sea lavender (Argusia gnaphalodes) was present on the island in some of the shoreline areas, but was generally uncommon. Wisteria Island Environmental Assessment Page 4 The mangrove wetlands were found in one large area on the western side of the island (Table 2, Figure 3). This area of mangroves is subject to regular tidal inundation over the southern portion, and is vegetated primarily with red mangroves (Rhizophora mangle). At higher elevations, scattered black (Avicennia germinans) and white (Laguncularia racemosa) mangroves are present. The shoreline of Wisteria Island is approximately 4,000 linear feet, and consists of loosely aggregated limerock and fine sediments that form a narrow artificial beach over most of the perimeter. The vegetation along the shoreline is a mixture of invasive exotic and native vegetation. The transition from the shoreline to the adjacent upland vegetation is abrupt over most of the island with the exception of the low, flat beach area on the eastern portion of the island. Erosion from wave action and past storms is evident over extensive portions of the shoreline. 3.2 Threatened and Endangered Plants and Animals No state or federally protected animals were observed during the evaluation of the Wisteria Island property. Because the habitats are disturbed and the island is isolated from other natural areas, the potential for use of the island by state or federally protected animals is unlikely. Highly mobile species such as wading birds are able to access the site, and may use occasionally use portions of the island, especially the mangrove wetland, for foraging. State-listed wading birds such as the White Ibis, Great White Heron, Snowy Egret, and Little Blue Heron almost certainly use the island periodically, but were not observed. Protected plants listed as threatened or endangered by the State of Florida are present on the property. Bay cedar was common in several areas on the island, and joewood, black torch and sea lavender were also present. Wisteria Is/and Environmental Assessment Page 5 Table 3. Threatened and endangered plant and animal species present or reasonable expected to be present on Wisteria Island. Common Name (Scientific Name) StatelFederal Status Notes PLANTS Bay cedar (Suriano maritime) E ! none Common on periphery of island near shoreline and in wetlands Joewood (Jacquinina keyensis) E ! none Uncommon Black torch (Erithalis fruticosa) T I none Common at higher elevations away from shoreline Sea lavender (Argllsia gnaphalodes) E i none Uncommon along shoreline .. BIRJ;>~; ... Little Blue heron (Egretta caerulea) SSC Potential in mangrove wetlands and along shoreline Snowy Egret (Egretta thula) SSC Potential in mangrove wetlands and along shoreline Tricolored Heron (Egret/a tricolor) SSC Potential in mangrove wetlands and along shoreline White Ibis (Eudocimus albus) SSC Potential in mangrove wetlands and along shoreline E = Endangered; T Threatened; sse" Species of Special Concern; RI = Regionally Important 4.0 Environmental Impacts 4.1 Impacts to Disturbed Wetlands Adverse impacts to the disturbed mangrove wetland system located on the southern portion of the island are not anticipated. This mangrove system is proposed for on- site preservation and enhancement. Enhancement of this on-site wetland preserve will occur by creating a transitional buffer zone from the mangrove community to the adjacent development. This buffer zone will be vegetated with suitable salt- tolerant vegetation, resulting in an overall improvement of the wetland system Wifleria Is/and Environmental Assessment Page 6 through the treatment of stormwater and the elimination of invasive exotic vegetation. Impacts to disturbed salt marsh wetlands are anticipated as a result of the proposed development of Wisteria Island, however the extent of these impacts has yet to be determined. Impacts to disturbed wetlands will require an Environmental Resource Permit (ERP) from the South Florida Water Management District and also authorization from the U.S. Army Corps of Engineers. Obtaining these environmental permits will require significant planning and coordination, and will require appropriate compensatory mitigation to offset any adverse impacts associated with the proposed project. Thus, it is anticipated that the coordination resulting from the ERP process will adequately address any wetland impacts in the form of mitigation, and result in no adverse impacts to the environment. 4.2 Stormwater, Contaminants and Invasive Exotic Vegetation Presently, stormwater is not being managed on Wisteria Island, and un-treated runoff from the island is directly entering adjacent Class III Outstanding Florida Waters and the Florida Keys National Marine Sanctuary. As part of the ERP process, a stormwater management plan will be developed for the island. This stormwater management plan will incorporate wetland and shoreline buffer areas, swales, and a variety of physical stormwater structures to prevent stormwater degradation of the adjacent nearshore waters. Presently Wisteria Island has a significant accumulation of solid waste and contaminated materials resulting from storms and human activity. A recent inspection of the island revealed a variety of environmental contaminants including large qualities of lead (batteries, boat keels), petroleum products (fuel and oil containers), and miscellaneous solid waste. As part of the ERP process, the entire island, including the mangrove wetlands and shoreline, will be cleaned of environmental contaminants and maintained free of debris in perpetuity. Wisleria Is/and Environmental Assessment Page 7 Wisteria Island is densely vegetated with invasive exotic vegetation including Australian pine, seaside mahoe, Brazilian pepper and bowstring hemp. The presence of this dense accumulation of invasive exotic vegetation is an environmental problem for the adjacent Key West National Wildlife Refuge, providing a persistent seed source for the continued re-establishment of invasive exotic plants on nearby islands, notably Woman Key, Boca Grand Key and the Marquesas Keys. As part of the development process, all invasive exotic vegetation on the island will be removed. In addition, the open space portions of the island, including all wetland preserves and shoreline buffers, will be maintained free of invasive exotic plants in perpetuity, as generally required by conditions of an ERP. 4.3 Threatened and Endangered Plants and Animals As indicated previously, no adverse impacts to threatened or endangered animals are anticipated as a result of the development of Wisteria Island. The island is man- made and is vegetated mainly with invasive exotic vegetation. The most productive habitat area on the island is the mangrove wetland system at the southern end of the island, and this area will be preserved and managed in perpetuity. Several species of wading birds that are listed as a Species of Special Concern (SSC) by the State of Florida utilize the mangrove wetlands and shorelines of the island for occasional foraging. Species most likely to utilize the island include the White Ibis, Great White Heron, Snowy Egret, and Little Blue Heron. No nesting or roosting colonies of any of these birds are present on the island as the island is unsuitable for nesting. These wading bird species are capable of acclimating to human presence, and will continue to utilize the islands mangrove and shoreline habitats once the development is completed. Wisteria Island Environmental Assessment Page 8 Several plant species listed by the State of Florida are present on the island including bay cedar, joewood, black torch and sea lavender. Additional native plants afforded protection under the Key West Land Development Regulations include buttonwood, sea grape, poisonwood, and all three mangrove species. It is likely that the development of the island will impact many individual protected plants as the topography and elevations over much of the island will require modification. Mitigation for impacts to protected plants can be accomplished by either transplanting or replacing any affected plants into the on-site landscape buffer areas, especially those located adjacent to the mangrove wetland preserve and the shoreline. The specific details of the protected vegetation mitigation plan will be developed as planning for the development proceeds, and will comply with the appropriate sections of the Key West Land Development Regulations and Comprehensive Plan. Wisteria Island Environmental Assessment 5.0 Figures and Reference Photographs Page 9 . Habttlll TWIts D Disturbed with Mangrove (740 2) D Disturbed with 8aft mar!t1 (140 3) o Disturbed exotic vegalallon (140) Wisteria Island Habitat Types Con9Jlllng Engineering and Sdence, Inc B925 S.W 1481h SIr""', Suna 1 (l) Mleml, FloridO 33176 Figure I. Habitat types on Wisteria Island as defined by the Monroe County Comprehensive Plan, Volume II, Section 9.5-4. Wisteria Is/and Environmental Assessment Page 10 Photograph of the northern shoreline of the island looking west Tank Island (Sunset Key) can be seen in the distance. (... '" REFERENCE PHOTOGRAPH #1 Consulting Engineering and Science, Inc. 8925 S. W. 148th Street, Suite 100 Miami, Florida 33176 WISTERIA ISLAND KEY WEST, MONROE COUNTY, FLORIDA Wisteria Island Environmental Assessment Page I I Photograph of typical disturbed uplands showing an overs tory of exotic Australian pine and an understory that includes native trees, shrubs and grasses. '. REFERENCE PHOTOGRAPH # 2 Consulting Engineering and Science, Inc. 8925 S.W. 148th Street, Suite 100 Miami, Florida 33176 WISTERIA ISLAND KEY WEST, MONROE COUNTY, FLORIDA Wisleria Island Enl'ironmelllal Assessmenl Page 12 .-.~~. . ". . ~ . : . . "~+.-.'-: ;";.-" ..~"'-~; ,. .~.-;... ..-./l"" ....;\oI'.....;..~,~~: Photograph of tidal mangrove wetlands growing along the south western shoreline. . REFERENCE PHOTOGRAPH #3 Consulting Engineering and Science, Inc. 8925 S.W. 148th Street, Suite 100 Miami, Florida 33176 WISTERIA ISLAND KEY WEST, MONROE COUNTY, FLORIDA Wisteria Is/and Environmenta/ Assessment Page /3 Photograph of tidal mangrove wetlands growing in the interior of the island on the western portion. The majority of the mangroves on the island are red mangroves. . REFERENCE PHOTOGRAPH #4 Consulting Engineering and Science, Inc. 8925 S.W. 148th Street, Suite 100 Miami, Florida 33176 WISTERIA ISLAND KEY WEST, MONROE COUNTY, FLORIDA Wisteria island Environmenlal Assessment Page /4 Photograph of disturbed salt marsh wetlands showing herbaceous wetland plants in the understory and scattered buttonwood in the overstory. . REFERENCEPHOTOGRAPH#5 Consulting Engineering and Science, Inc. 8925 S.W. 148th Street, Suite 100 Miami, Florida 33176 WISTERIA ISLAND KEY WEST, MONROE COUNTY, FLORIDA Keys- Wide .Mooring Field System Preliminary Planning Document Prepared by the Monroe County Department of Marine Resources July 30, 2002 Table of Contents Overview Objectives Anchorage Site Evaluations Little Manatee Bay Blackwater Sound Tarpon Basin Buttonwood Sound Rock Harbor Community Harbor Windley Key Lorelei Little Basin East Bonefish Bay South Pine Channel Saddlebunch Harbor Boca Chica Harbor Cow Key Channel Wisteria Island Anchorage Site Evaluation Summary Review of Priority Anchorage Sites Buttonwood Sound Rock Harbor Community Harbor South Pine Channel Boca Chica Harbor Overview The Monroe County Department of Marine Resources is responding to the variety of negative impacts generated in crowded Keys anchorages. These impacts include seagrass damage from ground tackle, lack of space for transient vessels, abandoned and derelict vessels, sunken vessels, marine debris, and most importantly the illegal discharge of sewage. In 2001 Monroe County successfully implemented a mooring field in Boot Key Harbor as a means of managing anchorage related boating impacts. An ordinance was approved by the Board of County Commissioners authorizing the regulation of boating activities within that mooring field, as well as future County mooring fields. Also in 2001 the Board gave approval for the Department of Marine Resources to apply for grants to fund the implementation of moorings and associated pump-out facilities for a Keys-wide system of mooring fields. The Department of Marine Resources generated a 'Project Proposal for a Keys-Wide Mooring System' which accompanied a Coastal Impact Assistance Program grant. The proposal outlined the extensive planning process involved to achieve a successful mooring field system. This 'Preliminary Planning Document' (document) is the first document generated from the initial planning process. Each of the anchorage sites that were previously determined to be problem areas was visited and a site evaluation was conducted, The following sections describe the findings of those site visits, possible recommendations, and priority levels. This document is intended to be a starting point in the planning process. Each of the problem sites should be revisited with representatives of coordinating state and federal agencies to further review the situations and determine specific goals for each site, and the mechanisms to achieve those goals. Objectives It is important that the objectives of the Keys-wide mooring field system concept are clear from the start, and that all coordinating agencies agree on the goals. The following objectives have been identified: 1) Eliminate abandoned and derelict vessels in anchorage areas 2) Provide anchorage space and minimal services for transient vessels 3) Reduce benthic damage caused by ground tackle in anchorage areas 4) Eliminate the unlawful discharge of sewage into the water column Managed mooring fields have been acknowledged by Monroe County and the Department of Environmental Protection as a mechanism, or strategy, by which these objectives can be achieved. The appropriate disposal of vessel sewage is a major priority for this program. Anchorage Site Evaluations Each of the anchorage sites, identified in prior studies, was visited for a preliminary site evaluation by the County Marine Resources Planner between 12 March and 23 April 2002 (Diagram 1). A variety of site data was collected, including: physical and biological data (depth, seagrass, etc.), cultural data (types of boats and boaters), and logistical data (where boaters access land, availability of pump outs, etc.) An 'Anchorage Site Evaluation Form' was generated for each site using the collected data. The following fifteen evaluation forms are compiled in geographic order from the upper Keys to the lower Keys. Wi.terie Island \\ \ \ \ wille Manatee B~ \ \'" "-..' . Blackwat. sound...~ 't.,. . Tarpon Basin....... ,"'~ Buttonwood sllLln~ .' , Community Harb~ ~ '-"-, Rock Hartlor Wmdley K~ lorele~"-.. Ultle Basor': /" /~~ ..... '..' ./~~ , \~\~.~ ~.. - . ;...:-~~~ ~/...---- east Bonelish Bay ~y " '. ....,......11'" '. South Pine Channel ;r'" . Olag ram 1 Anchorage Sites Visited (anchorages Indicated In blue) N /.\ y , Saddlebunch Harbor i Boca Chica Hartlor CON Key Channel ANCHORAGE SITE EV ALVA TION FORM Date: March 12. 2002 General Information Region of Keys: Upper Keys Specific Location: Little Manatee Bav Current Anchorage Population: Only 3 vessels: 2 sail. 1 power Type of Vessels in Anchorage: Tvpicallong-term liveaboards Water Depth: 4-5' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): none identified Pumpout Facility (if any): none Parking Facilities (if any): none identified Any County Facilities or Land? No Other Facilities (if any): Manatee Marina is the Drimary facility in the vicinity Site Overview General Condition/Situation: Very few boats anchored. Does not appear to be any significant problem. The several boats may be storage boats. They may use the marina for access (difficult to ascertain). Preliminary Recommendations: Leave as is. No apparent Droblems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13. 2002 General Information Region of Keys: Upper Keys Specific Location: Blackwater Sound Current Anchorage population: Five Boats Type of Vessels in Anchorage: Both sail and power in good condition Water Depth: 6-8' Benthic Environment: Sparse seal!fass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No SitelFacilities Information Landing Facility (if any): Caribbean Club and possibly Bayside Marine Pumpout Facility (if any): None Parking Facilities (if any): Possibly at Caribbean Club and Bayside Marine Any County Facilities or Land? No Other Facilities (if any): None Site Overview General Condition/Situation: On the south side of Stelrecht Pt. There are several vessels anchored ad" acent to the Caribbean Club where the a for din h docka e ma also use facilities at Ba side Marine" Closer to the oint were sever I hi her end vessels robabl friends of shorefront owners. This does not aDPear to be a real anchorage. transient or otherwise. Preliminary Recommendations: This site does not aopear to be a heavily used anchorage and there are no significant problems. Priority Level: Low ANCHORAGE SITE EV ALVA TION FORM Date: March 13.2002 General Information Region of Keys: Upoer Keys Specific Location: Tamon Basin Current Anchorage Population: Seven boats Type of Vessels in Anchorage: Mostly sail; good condition: probablY transients Water Depth: 6-8' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): None ap?arent most of the vessels are far from shore Pump out Facility (if any): None Parking Facilities (if any): None apoarent Any County Facilities or Land? No Other Facilities (if any): None Site Overview General Condition/Situation: There were seyeral vessels along the eastern shoreline as well as the southwestern shoreline. Most were fairl far from shore indicatin that the are not landin anywhere. Most likely they are all transients. Preliminary Recommendations: This site does not aooear to be a heavily used anchorage and there are no significant oroblems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13. 2002 General Information Region of Keys: Upper Kevs Specific Location: Buttonwood Sound (Sunset Cove) around mmlOO Current Anchorage Population: Aooroximatelv 25 boats Type of Vessels in Anchorage: Both power and (mostlv) sailboats: typical long-term liveaboards as well as storage boats; many in poor condition: numerous derelict vessels. Water Depth: 6-8' Benthic Environment: Moderate seal!rass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): Most of the liveaboards access land at the end of Bav View Drive. which is apparently County property. On the west side of the dead end is Marina Del Mar Bayside. There is a small ietty and fill area where liveaboards tie UP their dinl!hies. There is also a dirt ramo, The resort apparent Iv allows the liveaboards to tie UP there and walk on the property (which mayor may not be County property). Liveaboards leave cars. bikes. and mopeds on the right of way at the dead end. At the west end of the anchorage some liveaboards access land via the Smilin' Island property (451-1930), Pumpout Facility (if any): None Parking Facilities (if any): Onlv at Smilin Island. for those liveaboards at the western end of the anchorage. Any County Facilities or Land? Just the County road (Bav View Dr.) and the right ofwav. Other Facilities (if any): None Site Overview General Condition/Situation: Sunset Cove is a moderately used anchorage by mostly low-end liveaboards, The location of the anchorage is likely due to the access at the end of Bav View Drive and the proximity to shopping. laundry facilities. places of work. restaurants. etc. Preliminary Recommendations: This site is a problem for a number of reasons. Due to the low-end nature of the anchorage there are derelict. sunken and unattended vessels, The liveaboards park their vehicles on the right of way, Neighbors have complained about numerous problems including vandalism. noise. and drug use. Priority Level: High. This site. if develooed as a mooring field. could also be convenient for transient vessels transiting the ICW. ANCHORAGE SITE EVALUATION FORM Date: ADril17. 2002 General Information Region of Keys: Upper Keys Specific Location: Rock Harbor Current Anchorage Population: 30-35 boats Type of Vessels in Anchorage: Vessels in the outer anchorage are mid to high-end cruising sailboats (30-40'). The inner. and primary anchorage is mostly lower to mid-end sailboats around 25-30'. but mostly ke?t up and in ooerational condition. There are a few Dower and houseboats. and only a very few abandoned or derelict vessels. Water Depth: The outer anchorage. adjacent to Rodriguez Key. 8-10' deep. The inner anchorage ranges from 5-8' deep. Benthic Environment: Seagrass. Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): The only shoreside access appears to be the end of 2nd Ave.. located between Mandalay Marina; (adiacent and to the east) and the new condo (adiacent and on the west side). The road dead ends into a impromptu ramp where dinghies tie off. The area is not protected and there is no dock. Pumpout Facility (if any): There is a public pumpout facility at Rock Harbor Marina. adiacent to and east of Mandalay Marina. The Dumpout charge is $5. Parking Facilities (if any): Liveaboards simDly Dark on the right-of-way at the end of 2nd Ave. Any County Facilities or Land? The road (2nd Ave.) is County. all the way to the ocean. Other Facilities (if any): There are several facilities in the area. but none that currently serve the liveaboard community. The DumDout facility at Rock Harbor Marina is there to serve the Dublic. but is not currently used bv the boaters in the anchorage. Site Overview General Condition/Situation: The Rock Harbor anchorage has light to moderate use by both local liveaboards and a few true cruisers. There are two distinct anchoring areas: the outer anchorage behind Rodriguez Key which is used by transients as a stoDover; and the inner anchorage closer to shore which is utilized almost exclusively bv Iiveaboards. The liveaboard community at this anchorage does not aDpear to cause a large problem. Most of the vessels observed apDeared to be in working condition and are often used for sailing as well as a home. There are only a few run-down. abandoned. or sunken vessels. The significant problems noted were the lack of proper sewage disposal. the lack of appropriate dinghy dockage. and a lack of appropriate Darking. There have been no significant complaints about these problems. However. the Public Works Department reported that due to a few complaints about parking they installed 'no overnight parking' signs on the east side of 2nd Ave. The existence of the public pumpout facility at Rock Harbor Marina could be utilized to alleviate the sewage issue. As far as dinghy dockae:e. if the County chooses to provide dockage it may be possible to do so utilizing the public propertY at the end of 2nd Ave. However. there is little room for a dine:hy dock and no real appropriate parking area. Preliminary Recommendations: This anchorage area has existed for many years and is apparently e:eolZTaphically convenient for both local and transient boaters. Although it may be possible to close down the end of 2nd Ave. to access for dinghies or parking to eliminate the anchorage. that is probably not a good solution. Considering that there is an existinl! Dumpout facility and County propertY and Ave.) adiacent to the anchorage. the County should further investigate possible scenarios for providine: proper infrastructure without developing the anchorae:e and increasing the number of vessels and associated impacts. Priority Level: Moderate. ANCHORAGE SITE EVALUATION FORM Date: March 20. 2002 General Information Region of Keys: Upper Keys Specific Population: Community Harbor: MM 91.7 Current Anchorage Capacity: Approximately 20-25 boats Type of Vessels in Anchorage: Both power and (mostly) sailboats; typical long-term liveaboards as well as some storage boats: many in poor condition; numerous derelict vessels; some sunken and abandoned vessels. Water Depth: 4-5' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): Idle SpeedINo Wake SitelFacilities Information Landing Facility (if any): Vessels use the facilities at Mangrove Marina (852-8380), if they so choose. Steve Kurtz and Bernard Chiles are the co-owners. The marina management charges vessels for use of the facilities which includes dinghy dockage. laundry. showers. oarking. etc. They currently charge $125-200 per month. dependinll on the size of vessel and number of occupants. Pumpout Facility (if any): Mangrove Marina has all their docks plumbed. as well as a pumoout station at the fuel dock ($15 oer pumpout). The pumpouts are not used by the anchor-outs. Parking Facilities (if any):Parking is provided at Mangrove Marina in their fee. Any County Facilities or Land? None Other Facilities (if any): None Site Overview General Condition/Situation: Community Harbor is a well defined harbor. bounded by the shoreline and the mangrove fringe. A County marked channel marks the entrance to the harbor. with a controlling deoth of 4'. The entire harbor area is an idle speed zone. The harbor has been a light to moderate use anchorage for many vears. primarily used bv low-end local liveaboards. Many of the vessels scour the bottom or rest on the bottom. This site has the typical anchorage problems including ground tackle damage. derelict and abandoned vessels. and illegal sewage dumping. The new marina owner has upgraded and improved the facility. which now offers it's services to the anchor-outs. Management suPports the implementation of a mooring field. Preliminary Recommendations: The problems in the anchorage could be minimized by putting vessels on moorings and reauiring routine pumping out. The existing infrastructure at the adjacent marina would facilitate the implementation of a moorinll field. It would be necessary to work out an arrangement between the County and the marina for management of the anchorage. The facility could also accommodate shallow draft cruising vessels. Priority LeveJ: High ANCHORAGE SITE EV ALUA TION FORM Date: March 27. 2002 General Information Region of Keys: Upper Keys Specific Location: Windley Key (bayside); mm 84 Current Anchorage Population: 10 boats Type of Vessels in Anchorage: Both sail and power vessels. and several floating structures. All in poor condition. some abandoned. Several sunken vessels and several tied UP to mangroves. All appear to be either local liveaboards or storage vessels. Only three of the vessels were floating and in any decent type of condition. Water Depth: 4-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): N/A Site/Facilities Information Landing Facility (if any): There are absolutely no facilities including shoreside access. Boaters dinghy into a small break in the mangroves adiacent to US 1. Pumpout Facility (if any)~ No facilities Parking Facilities (if any): None. Boaters either walk or leave bikes in the mangroves. Any County Facilities or Land? None Other Facilities (if any): This site is directly across US! from Holiday Isle Marina and Resort. Site Overview General Condition/Situation: This has always been a low-end anchorage and storage site for local boaters. All vessels at the site are in disrepair and should not be on the water. Many appear to have gone from liveaboards. to storage vessels. to sunken vessels. There are no facilities to make this a convenient anchorage. Liveaboards probably find this site amenable due to the somewhat hidden location of the anchorage and few oeople notice it. as well as the easy/unregulated access through the mangroves. Preliminary Recommendations: This site is totally inappropriate as a liveaboard anchorage. and is treated as a dumping grounds for old vessels. If not for the access through the mangroves the site would probably not be used at all. It is however a convenient and aesthetically pleasing site (if cleaned up) for cruisers transiting the ICW. As no facilities are available. it would be an excellent one or two night stopover for cruisers that require no facilities. including landing. A recommendation would be for the Village of Islamorada to shut off the mangrove access to anyone. remove all the derelict/sunken vessels and simoly allow this small harbor to be used by transient vessels. Those vessels would be entirely on their on with no facilities or land access. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: March 27. 2002 General Information Region of Keys: Upper Kevs Specific Location: Big Basin/Lorelei (bayside): mm 82 Current Anchorage Population: Approximately 50 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels. Both transient and local liveaboards. Most vessels in moderately good condition, Water Depth: 6-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning <is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): There are several marina facilities in the vicinity of the anchorage site, Although not confirmed. boaters Drobably utilize the Lorelei and some of the other facilities for shoreside access as well as for dining and entertainment. Pumpout Facility (if any): None Parking Facilities (if any): Whatever parking is provided at the adiacent marinas that allow dinghy dockage. Any County Facilities or Land? None Other Facilities (if any): the various marina facilities adiacent to the anchorage, Site Overview General Condition/Situation: This is a significant anchorage site that appears to be utilized both by local liveaboards as well as true transiting cruising vessels. Many of the vessels (particularly in the eastern portion of the anchorage) are higher end cruising ~uil>ped vessels that are well ke{Jt. The lower end vessels generally are at the western end of the anchorage. and along the mangrove fringe. The local liveaboard vessels appear to be both mid and low-end. with some storage vessels and a few abandoned vessels. Preliminary Recommendations: This site has been a heavily used anchorage for many years. probably due to the proximity to the Jew as well as local shopping and establishments in this popular area of Islamorada. The anchorage is not nearlv as bad as some overcrowded anchorages. The maiority of the boats appear in good condition. This would make an exceJlent managed mooring field that could serve localliveaboards as well as the cruisinlZ yachtsman. If developed this anchorage could become a prime destination (or stay-over) for high-end transients. However. that decision will probably be up to the Village of Islamorada. Priority Level: HilZh ANCHORAGE SITE EVALUATION FORM Date: March 27. 2002 General Information Region of Keys: Upper Keys Specific Location: Little Basin (bayside): mm 81 Current Anchorage Population: Approximately 15 boats Type of Vessels in Anchorage: Both sail (mostly) and Dower vessels. including a few houseboats. No transients. all low-end localliveaboards or storage vessels. Water Depth: 3-4' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): There are several marina and resort facilities located on the shore of Little Basin. None of these facilities. however. are likely to allow dinghy dockage for the low- end boaters. Most of the vessels are in very Door condition and UP in the shallows. some tied to mangroves. It doesn't appear that many of the vessels are actually used for livinlZ aboard. Pumpout Facility (if any): World Wide Sportsman Parking Facilities (if any): Whatever parking is provided at the adjacent marinas/resorts that may allow dinghy dockage. Any County Facilities or Land? None Other Facilities (if any): the various marina facilities and resorts adiacent to the anchorage. Site Overview General Condition/Situation: Little Basin is not a heavily used anchorage. primarily due to the lack of dePth (less than 3 '). Most of the vessels that are anchored should probably not be in the water. and are certainly not good for the environment. Preliminary Recommendations: This site should not be considered for an anchorage. due to the shallow controlling dePth throughout the basin. This site should be shut down from allowing vessel anchoring. The Village of Islamorada also has jurisdiction in this area. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: April 17. 2002 General Information Region of Keys: Middle Keys Specific Location: East Bonefish Bay Current Anchorage Population: 12-15 boats Type ofV...e1. in Ancborage: All orlhe vessels anchored are very low-end liveaboard vessels: including: sailboats. powerboats. houseboats. and floatine: Structures. There are many sunken_ abandoned and derelict vessels. Water Depth: 2-8'. The harbor is drede:ed alone: the developed shoreline. but quite shallow throu hout the harbor itself. Most of the harbor was historicall a shallow man...rove frinlt.ed lae:oon. Benthic Environment: Sparse seae:rass. Turbidity is hie:h. visibility and Ihzht oenetration is low. leadine: to a lack of thriving: seagrass beds. Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): The perimeter of the lae:oon along the residential shoreline is idle speed/no wake. Site/Facilities Information Landing Facflity (if any): Few of the vessels anchored appear to be actually used -and live on. Those few that are actualliveaboards apparently dine:hy into the docks at one of the fish houses. Pumpout Facility (if any): The only Dumoout facility in the vicinity is at Marie's Yacht Harbor. which is over a half-mile away. Parking Facilities (if any): If any of the liveaboards have vehicles they aooarently leave them parked at one of the fish houses. Any County Facilities or Land? None Other Facilities (if any): There are several fish houses and dockinl! facilities located on the western shoreline of the bay. These fish houses suoply dockal!e to commercial fishermen. but have absolutely no facilities for anchor-outs. Site Overview Preliminary Recommendations: This anchorage falls under the iurisdiction of the City of Marathon. All sunken and derelict vessels should be removed. The City of Marathon should consider a oolicy of no Iiveaboards in East Bonefish Bay, as the bay is not aoorooriate as an anchorage of any kind. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: March 27. 2002 General Information Region of Keys: Lower Kevs Specific Location: South Pine Channel (oceanside): rom 29 Current Anchorage Population: Approximate Iv 20 boats Type of Vessels in Anchorage: Both sail (mostlv) and power vessels, Mostlv low-end liveaboard vessels. storage vessels and a few houseboats and small commercial fishing vessels. Manv of the liveaboard vessels are in disrepair. some obviously incapable of navigation. There are numerous abandoned and sunken vessels. There are. however. a few moderate to high end transient vessels located further out in the anchoralZe, Those vessels likely stay over just for a few nights without accessing shore. Water Depth: 2-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (If any): The only facility adjacent to the anchorage site is the 'swimming hole' basin located off of USl at the foot of the bridge, This is a deep draft basin suitable for landinlZ. Liveaboards dinghy into the basin (a few dinghy straight to the causewav) and most have bicycles they leave in the mangroves along the causeway or at the basin itself. There appear to be no other shoreside access points in the anchorage vicinity, Pumpout Facility (if any): none Parking Facilities (if any): None. The USFWS manages public properties In Big Pine. including: the 'swimming hole' parcel. and do not allow parking at night. Any County Facilities or Land? The State purchased the parcels adjacent to USl and the 'swimming hole' several years ago. The 'swimming hole' appears to be quite suitable as a boat basin. and for the implementation of any infrastructure. However. there is a 3-4' controlling section at the mouth of the boat basin which currently Drohibits use as a turning basin for most sailboats, The shallow controlling depth also makes permitting of docks or a boat ramp difficult. Other Facilities (if any): Dolphin Marina is on the opposite side of South Pine Channel. but management at the marina has no desire to Drovide pumpout facilities or accommodate the liveaboard boaters. Site Overview General Condition/Situation: The South Pine Channel anchorage is an unusual situation. There is a deep draft basin adiacent to the anchorage field. but the field itself is Quite shallow ranging from 2-8'. The bottom topography is not homogeneous. There appears to be a slightly drede:ed area (-5') iust outside of the basin. but there are numerous shoals all around the drede:ed area. There is no one area of significant size that would accommodate deep draft recreational vessels or a moorine: field. Probably the only reason there are vessels in the area at all is because the basin 'swimmin hole' is there which rovides a Ian in for din_hies. Low-end liveaboards typically utilize any possible shoreside access. and at this site they have exploited the access that is there. lnstalline: pumpouts at the basin would not be Ilractical because (if the vessels were in a navigable condition) the controlling depth would prevent most sailboats from enterine: the basin. A pumpout bare:e would be a practical alternative. but unless the boats are on managed moorine:s. effective pumpouts likely would not happen. A manae:ed moorine: field may not be a viable option due to the lack of depth throue:hout the area. There is an additional problem at the site due to the power lines on the south side of the bridge. Vessels have been known to drae: anchor into the wires causine: a hazardous situation. Preliminary Recommendations: Upon initial review it appears that the only feasible OPtion is to eliminate the anchorage via eliminatine: the shoreside access. This anchorae:e needs to be studied further to consider more options. Water deoths are a critical issue. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: April 16. 2002 General Information Region of Keys: Lower Keys Specific Location: Saddlebunch Harbor Current Anchorage Population: Three boats Type of Vessels in Anchorage: Onlv three vessels were seen. Two sailboats and one power boat. all under 25'. None appeared to be permanent liveaboards. more likelv stored boats. Water Depth: 5-8' Benthic Environment: Sea grass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any):None Pumpout Facility (if any): None Parking Facilities (if any): None. Vessel owners may possibly use the Shark Kev boat ramp as access. and tie dinghies UP in mangroves. Any County Facilities or Land? None Other Facilities (if any): None Site Overview General Condition/Situation: Although at times there have been a dozen or so vessels anchored in Saddlebunch Harbor. there are only a few currently anchored. There does not appear to be any problem or impacts from those few vessels. Preliminary Recommendations: Nothing needs to be done in this area. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: April 16. 2002 General Information Region of Keys: Lower Keys Specific Location: Boca Chica Harbor Current Anchorage Population: 100-130 boats Type of Vessels In Anchorage: Most of the vessels in the anchorage are localliveaboards. many low-end vessels in poor condition. Many vessels are storage boats. some partially dismantled. and many sunken. There is a group of small commercial fishing vessels in the northwest anchorage area. There are some moderate to high end vessels as well. mostly sail. There are numerous power vessels. including houseboats. mostly in poor condition. At the southern end of the area is a grOUP of larger cruising sailboats in good condition (these appear to be vessels that may be transient). Water Depth: 2-8'. The harbor has a complex system of shoals which breaks the anchorage into pockets of vessels. Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): None Site/Facilities Information Landing Facility (if any): There are a number of landing sites. Peninsula Marine at the southeast tip of Stock Island has dinghy dockage and facilities (296-8110). as well as sailboats on Mediterranean moors in their boat basin. Dinghies were also seen along the seawall and on docks along the east side of Stock Island and next to Munro's Marina. There appears to be a variety of shoreside accesses. depending where the vessels are anchored in the harbor. Pumpout Facility (if any): Unknown. Possiblv at Peninsula Marine. Parking Facilities (if any): There appears to be parking at the trailer parks on the eastern shoreline of Stock Island where dinghies were seen. Parkin!! is also provided at Peninsular Marine. Any County Facilities or Land? None Other Facilities (if any): There are numerous marinas. fish houses. a camDflround and other facilities on the eastern side of Stock Island. This site needs to be researched further to better determine shoreside accesses and facilities. The facilities must be there or the boaters would not be. Site Overview General Condition/Situation: The Boca Chica harbor anchorage area is a significant anchorage. second in size only to Christmas Tree Island and possibly Boot Key Harbor. The anchored vessels are spread out over a very large area. Different types of vessels (fishing boats, house boats cruisers sail/liveaboards a ear to anchor in iculac areas of the harbor. More research needs to be conducted in the harbor to determine the rhyme and reason for the ;nchoring attems and the association to shoreside facilities. Preliminary Recommendations: Boca Chica harbor has a large anchoralle with all the associated ne atjve im acts. The anchora e a ars to be hi hI suitable as a mana ed anchora e/moorin field, More work needs to be done in the area to determine what facili ies are alon the shoreline where the boaters need and use these facilities and how best to develo the facilities to su ort the anchora e in coordination with the Coun . Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: April 23. 2002 General Information Region of Keys: Lower Keys Specific Location: Cow Key Channel (north and south) Current Anchorage Population: 50~60 boats Type of Vessels in Anchorage: Nearly all of the vessels anchored adjacent to Cow Key Channel also considered the Houseboat Row area are ve low-end boats and floatin structures. There are sail and DOwer boats. houseboats. structures. Darts of boats. modified boats. etc. There are numerous DN's. abandoned boats. storage boats. and sunken boats. There are also about eight sailboats anchored adjacent to the northern extension of Cow Key Channel (these boats are low- end but not as bad as the boats in the main anchorage area). Water Depth: 2-5'. Benthic Environment: Sea grass Bottom Type: Soft bottom Zoning (is site within a regulatory zone?): the anchorage is just south of the Cow Key Channel slow speed zone. SitelFacilities Information Landing Facility (if any): Most of the liveaboards dinghy into the seawall and tie up in the mangroves adiacent to Houseboat Row. Pumpout Facility (if any): None Parking Facilities (if any): There are no real facilities available to the liveaboards and no parkin!!. Any County Facilities or Land? None Other Facilities (if any): There are several marina facilities across the channel from the anchorage area. on the western shoreline of Stock Island. These facilities do not service the anchorage in any way. and none have pumpout facilities. Site Overview General Condition/Situation: The anchorage at Cow Key Channel is probablv the most inappropriate of all the anchorages observed. There is not enough depth in any ~art of the anchorage suitable for anchoring. with many vessels resting on the bottom through ~art of the tidal cycle. There are no appropriate facilities for the Iiveaboards. including shoreside access. Most of the vessels are in deplorable condition. Many vessels are iust abandoned after they no longer suit the needs of the owner. The bottom has been denuded in the area due to the scouring from ground tackle. and there is much marine debris scattered about. Preliminary Recommendations: Cow Key Channel is not. and never will be. an aPDroPriate area for anchorin articularl for Ion -term rimaril due to the lack of de tho Eve attem t should be made bv the City of Kev West to regulate this area and through regulations make all the anchored vessels relocate or be disDosed of. The marine debris should be removed. Most of the vessels in this area are not functional. nor do they conform to state and federal safety and environmental regulations. Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: April 23. 2002 General Information Region of Keys: Lower Keys Specific Location: Wisteria IslandIFleming Key anchorage area Current Anchorage Population: 250-400 boats Type of Vessels in Anchorage: Mostly liveab08rds on everything from low-end sail and power boats. modified vessels. and floating structures to mid and high-end sailboats. There are several dozen vessels. mostly sail. in good condition that a~)pear to be true cruising boats located in particular areas of the larger anchorage area. There are numerous DN's. abandoned and sunken vessels as well as marine debris scattered around the shoal areas. There are numerous old boat hulls washed UP on the shore of Wisteria Island. There are also a handful of charter sailboats. Water Depth: 2-15'. Benthic Environment: Mostly seagrass Bottom Type: Mostly soft bottom Zoning (is site within a regulatory zone?): No Site/Facilities Information Landing Facility (if any): It was difficult to determine from the preliminary survey where boat owners dinghy into shore. There are a number of marina facilities located along the western shore of Key West that may provide dinghy dockage and other services. However, for most of the anchorage area that would be a long dinghy ride which would include crossing the busy main channel with much boat traffic. Vessels are anchored all along the western shoreline of Fleming Key, however the land is a restricted area and landing is not allowed. There does not aPgear to be suitable facilities for shoreside access for the several hundred vessels anchored in the area. Pumpout Facility (if any): Several of the marinas in Kev West have pumpout facilities. Parking Facilities (if any): Parking could not be determined from the preliminary survey. Any County Facilities or Land? None Other Facilities (if any): N/A Site Overview General Condition/Situation: The Wisteria Island/Fleming Kev anchorage area appears to be the largest and most problematic anchorage in the Kevs. The anchorage area, which covers several miles, appears to be comprised of several smaller anchorages that overlap somewhat. Different types of vessels and accompanying lifestyles were observed from one specific area to another. The dozen or so vessels anchored between Wisteria Island and Sunset Key appear to be mid to high-end true cruising vessels anchored in appropriate depth water. This location is close to the ships channel and real cruising grounds. and the vessels appear to be cruisers. On the north side of Wisteria the water is Quite shallow in areas. with vessels in the worst condition typically in the shallows and vessels in better condition in the deeper water to the west and northwest of the island. Almost all vessels in these areas appear to be local liveaboards. Just across Man of War Harbor. another hundred or so mostly low-end vessels are anchored adiacent to Fleming Key. with a few true cruising boats at the southerly end of that anchorage. At least half of the vessels anchored throughout the larger anchorage area are inoperable and in terrible condition. many iust waiting to be abandoned or sunken. Preliminary Recommendations: This enormous anchorage grounds is trulv out of hand. The area is in dire need of management and enforcement of regulations. There are probably hundreds of DN's. abandoned and sunken vessels to be removed at the expense of the public. There are plenty of marine facilities in the area that could possibly be developed to provide services to the liveaboard and cruising community. It seems feasible that the City of Key West could further develop it's mooring field system to provide suitable managed moorings to operable vessels, both cruising and liveaboard. The cruising community would probably welcome a system of moorings. pumpout services. shores ide access and information. Dealing with the local liveaboards will be a larger issue. Wisteria Island itself looks like a feasible location for facilitating management and providing limited services. The City of Key West should continue with studies to further evaluate the anchorage area and pursue developing a master plan to address the problems. Priority Leyel: High Anchorage Site Evaluation Summary Of the fifteen anchorage sites evaluated only ten sites were considered to be a moderate or high priority in regards to significant problems that need to be addressed through some level of anchorage management (Table I). The five sites determined to be a low priority had very few vessels anchored (seven or less), with few boating impacts observed, and no history of reported problems or complaints. Those five sites do not need to be considered for any further planning or review for the purposes of a Keys-wide mooring field system at this time. Table 1. MANAGEMENT NEEDS PRIORITY LEVEL Anchoraee Site High Moderate Low Little Manatee Bay Blackwater Sound Tarpon Basin Buttonwood Sound Rock Harbor Community Harbor Windley Key * Lorelei * Little Basin * East Bonefish Bay ** South Pine Channel Saddlebunch Harbor Boca Chica Harbor Cow Key Channel *** Wisteria Island *** x X X X X X X X X X X X X X X >I< indicates anchorage sites within or adjacent to the jUlisdictional boundaries of the Village of Islamorada ** indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Marathon *>1<* indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Key West The ten anchorages listed as moderate or high priority sites were found to have a greater population of vessels and were observed to have some significant boating impacts that need to be addressed. Five of those ten sites are within or adjacent to the jurisdictional boundaries of an incorporated area, and any further studies or recommendations for those sites should be left to the discretion of the management of those cities (i.e. Village of Islamorada, City of Marathon, and the City of Key West), This document should be provided to those cities for their review. The remaining five anchorage sites (denoted in Table I with a bold X), which are located within unincorporated Monroe County, were observed to have a considerable number of vessels and associated boating impacts, and are reviewed further in this document and recommended to be included in the subsequent planning processes. Review of Priority Anchorage Sites The anchorages at Buttonwood Sound, Rock Harbor, Community Harbor, South Pine Channel, and Boca Chica Harbor were determined from the site evaluations to be moderate to high priority sites. These five anchorages complete the list for sites that merit further research, planning, and possible development as a managed anchorage or mooring field (at this time). Table 2 provides a breakdown of some of the general findings at each site. Table 2. ANCHORAGE SITE GENERAL FINDINGS Number Landing Pumpout Derelict Water U sed by Anchorage Site of boats facility facili~ problem depth transients Buttonwood Sound 25 none none yes 6-8' no Rock Harbor 30-35 none yes yes 5-10' yes Community Harbor 20-25 yes yes yes 4-5' yes South Pine Channel 20 none none yes 2-8' yes Boca Chica Harbor 100-130 none none yes 2-8' yes The one problem that each of the five anchorages has in common is derelict vessels. Every anchorage in the Keys that is home to localliveaboard boaters generates derelict, abandoned and sunken vessels. Four of the five anchorages were noted to have similar vessel population levels (20-35). Boca Chica Harbor, however has over one hundred vessels and the greatest liveaboard impacts. Although only four of the five anchorages were found to be used by transients, all of the anchorages are adjacent to either the Intracoastal Waterway (ICW) or Hawk Channel. The anchorage that did not have a significant number of transients (Buttonwood Sound) probably would be utilized by cruisers (transients) if facilities were available and the anchorage was not overrun with liveaboards. Three of the five anchorages are located on the oceanside (Rock Harbor, South Pine Channel, and Boca Chica Harbor) and range from the upper Keys to near Key West. Two of the anchorages (Buttonwood Sound and Community Harbor) are located on the bayside in Key Largo. Two existing managed anchorages (mooring fields) are located in Boot Key Harbor in the middle Keys and at Garrison Bight in Key West. Each of those mooring fields is accessible from both the ocean and bay sides. The development of the five anchorage sites would result in a system of managed anchorages/mooring fields spread throughout the Keys, accessible to transients cruising both the oceanside and bayside. Such a system would not only provide secure anchoring facilities, but convenient legal pumpout access as well. Diagram 2 indicates both the current managed mooring fields and the location of the five anchorages listed above. This diagram iJlustrates the connectivity of a proposed managed anchorage/mooring field system, which would be convenient for the typical transient who cruises between 20-40 miles per day (meeting the objective ofDEP's Anchorage Program). Diagram 2 Existing and Potential Managed Anchorage Sites (potential managed anchorages indicated in blue existing managed mooring fields indicated In red) Buttonwood Saunli..... '",,- Community Har~ ''-. . / ~-./ , r/ Garrlso"n Bight .. . \\'\dt; .'~ .' ~ r .,\,. ~ ---~ N ~' ~,,,:::,,Chom: _..,H_ A Boca C Ilea Harbor Buttonwood Sound Like many liveaboard anchorages, the anchorage at Sunset Cove on Buttonwood Sound is utilized due to the convenient (and free) access to land. Although some of the boaters pay for dinghy dockage at Smilin' Islands (located adjacent to the western end of the anchorage) most of the boaters exploit the access at the dead end of Bayview Drive (adjacent to the eastern end of the anchorage). Because this is not a formal landing this utilization has resulted in neighborhood problems, including: vehicles parked on the right of way, litter, petty thefts, loitering, dinghies tied along the shoreline, etc. There are similar impacts on the water, including: abandoned and derelict vessels, sunken vessels. drug use, seagrass damage, and of course the illegal discharge of waste. This is a very low~rent anchorage, with most of the vessels in poor condition (leading to abandoned and sunken vessels). Just this year a boat was set on fire by juveniles and sank. Sunset Cove is adjacent to the ICW. Although it is only lightly used by transients, it would be a convenient anchorage if minimal amenities were provided. It may not be practical to develop the end of Bayview Drive for dinghy dockage and pumpout provisions, as this is a residential neighborhood. It may be possible to work with the proprietor/owner of the Smilin' Islands property to upgrade their existing dinghy dockage and provide pumpout service, either through the installation of a pumpout system or use of a pumpout barge. The County could arrange an agreement with the management to manage a small mooring field. The problems at Bayview Drive could then be addressed via the installation of a barrier at the end of the road to prevent launching, and a prohibition on overnight parking (which has already been done at Rock Harbor). Developing the existing facilities (Smilin' Island) and cutting off use at Bayview Drive appears to be a feasible alternative to the existing conditions. A small managed mooring field would reduce the current impacts as well as serve transient vessels cruising the ICW. Rock Harbor Rock Harbor is the northernmost liveaboard anchorage on the oceanside of the Keys. In addition to the liveaboards, Rock Harbor also provides anchorage to transients who regularly anchor in the lee of Rodriguez Key as a stopping place. Like the Buttonwood Sound anchorage, the shoreside access at Rock Harbor is simply where a County road (2nd Ave.) meets the ocean. Unlike Buttonwood Sound, however, this is not primarily a residential neighborhood. Second Ave. is adjacent to several marinas (Mandalay Marina and Rock Harbor Marina) and a short distance from a boat yard, making the area more appropriate as an anchorage. Although not currently utilized by vessels in the anchorage, Rock Harbor Marina does provide pumpout services to the public for $5. The anchorage appears to be used by both low and high-end vessels. Although derelict and abandoned vessels are not as great a problem here as in some Keys anchorages, the problems do exist. Dinghy dockage and parking appear to be the most obvious problems. There is no appropriate tie off for dinghies, and the County has created a 'no overnight parking' ordinance to address the problem of vehicles left along the right-of-way. As with the situation at Buttonwood Sound, it is probably not practical to develop the end of the road for shoreside services. However, the possibility for exploiting the marine services at either Mandalay Marina or Rock Harbor Marina to help provide dockage, parking, and pumpouts to the anchor-outs may be a feasible alternative. As with any other anchorage area, managed moorings may be the only means to ensure that vessels utilize approved pumpout facilities. Community Harbor On the opposite end of the spectrum from Buttonwood Sound and Rock Harbor is Community Harbor. All necessary services and amenities already exist and are accessible at Mangrove Marina. Although relatively shallow, Community Harbor has historically attracted low-end vessels, resulting in the typical derelict/sunken vessel problems. The harbor is adjacent to the ICW, and many conveniences are a short walk from the marina in the main section of Key Largo. The marina owner/management has already indicated a desire to have moorings installed to help alleviate the negative impacts from the resident liveaboards in the harbor. This anchorage appears to be a managed mooring field waiting to happen, and would only require a detailed management agreement between the County and Mangrove Marina to have the marina collect mooring fees and oversee pumpouts. South Pine Channel Pine Channel, on the south side of the bridge, has long been an anchorage to low-end local liveaboards. Like at Buttonwood Sound and Rock Harbor, the boaters have located here due to the proximity to an easy and free land access. Unlike the other locations however, the land access is not the end of a road but a dredged boat basin (known locally as the swimming hole). Although controlling depths are quite shallow, the boat basin has great potential for the installation of basic infrastructure to serve a mooring field. The 'swimming hole' was obtained through the CARL Program and may soon be transferred from the State to the County. Dinghy dockage could easily be built and pumpout facilities could be implemented via pumpout equipment or a pumpout vessel. Although there are currently a minimum number of vessels using this site, it would be prudent to move ahead with some level of management, as the numbers and impacts fluctuate frequently. Problems with boat masts hitting the overhead powerlines is an additional incentive to provide safe, secure moorings. Boca Chica Harbor Boca Chica Harbor is by far the most heavily used of the five anchorages recommended for management. Controlling depths are not a problem for mooring installations, and would curtail the seagrass damage occurring in the shallower areas. Although similar in use to the before mentioned sites boaters utilize a number of locations for dinghy landing, making it difficult to ascertain how and where to best provide shoreside facilities. This anchorage is probably the most appropriate for development into a managed harbor due to the extensive use and high level of impacts. In addition, a significant number of transients utilize the harbor as a stopover, which is convenient to Hawk Channel. If an appropriate site/parcel could be found along the western shoreline for the County to possibly purchase and develop then all services could be provided in one location. The size of the harbor, the usage, and needs are very similar to Boot Key Harbor. Like Boot Key Harbor this would be a large, long term project and commitment by the County.